Employment & Labor Insider

That's why they didn't apply, duh. Continue Reading ›

Employer going to trial in age discrimination case. Continue Reading ›

Learn from a real employer's mistakes. Continue Reading ›

Expect to see more of this. Continue Reading ›

It's the law. Continue Reading ›

Inconsistencies were fatal to this employer. Continue Reading ›

Then again, it may have been that "FU" text I sent the boss. Continue Reading ›

In other words, which presidents can we -- ahem -- blame? Continue Reading ›

Remember faxes? I don't. Continue Reading ›

Even though the court was right, this stinks. Continue Reading ›

A new series. Continue Reading ›

The EEOC is inviting us to ask for opinion letters! Continue Reading ›

The EEOC has started issuing right-to-sue letters again. Continue Reading ›

National origin, race, age, pregnancy -- and coronavirus. Continue Reading ›

C'mon, Boomers - lighten up! Continue Reading ›

Millennials, can you relate to your older co-workers? Continue Reading ›

How can I sue thee? Let me count the ways. Continue Reading ›

Not sure I'm buying it. Continue Reading ›

How's your employment law history knowledge? Continue Reading ›

I can't imagine why they would. Continue Reading ›

Another chapter in a continuing saga. Continue Reading ›

An argument can be made. Continue Reading ›

An important victory for age plaintiffs. Continue Reading ›

(Not an actual letter from Mr. Kleber.

Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with roughly 30 years of experience, including experience as a CEO of a dairy industry trade group, Chief Legal Counsel, and General Counsel — was rejected for a low-level in-house staff attorney position because he was overqualified for the position, not because he was 58 years old.

Prompted by Mr. Kleber’s comment, I have now read the court papers (well, a lot of them, anyway).*

*Mr. Kleber’s case is currently on appeal to the U.S. Court of Appeals for the Seventh Circuit, but it is still in the very early stages. For you procedural nerds, I’ve included a summary at the end of this post. Non-nerds can skip it.

Now that I know more about Mr. Kleber’s lawsuit, I haven’t changed my mind. In other words, I still think he was rejected for being overqualified.

Can’t “overqualified” be a code word for “too old”? Yes, but not necessarily. Read on! Continue Reading ›

The Age Discrimination in Employment Act recently celebrated its 50th birthday (it doesn't look a day over 49). This calls for an age discrimination quiz!

Question 1: What age group is protected from age discrimination under the ADEA?

A. All age groups. Discrimination based on age is never ok, whether you are young or old.

B. Ages 40 to 70.

C. Ages 40 and up, with no upper limit.

D. Ages 40 and up, unless you are an athlete or a model, in which case it's ages 30 and up.

ANSWER: C. Some states have laws that prohibit all age discrimination -- including discrimination against the young -- but the ADEA doesn't protect people under age 40.

Question 2: Which of the following could be considered "code words" for age discrimination?

A. "We're looking for someone with a high energy level."

B. "We're looking for digital natives."

C. "You can't teach an old dog new tricks."

D. "Have you given any thought to when you want to retire?"

E. C and D.

F. All of the above. Continue Reading ›