Posts tagged Kasten v. Saint-Gobain Performance Plastics Corp..

"50? All those candles are gonna burn down the house!"

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.

Happy Mother's Day weekend to all of you who are, or who have, mothers.

Girls Night In.flickrCC.monkeywing
Mrs. Whistler celebrates Mother's Day with her girls.

(I think that covers everybody.)

I couldn't think of a better way to start this weekend than with a quiz on pregnancy discrimination, lactation accommodation, "family discrimination," and the Family and Medical Leave Act. As always, answers are at the end of ...

The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable, not-overly-technical "preventive" guidance for employers. Second, let's see what you know about the EEOC's position on leaves and the ADA. (Answers are at the ...

It's been a while since we've had an employment law quiz, so let's do it! This one is on retaliation. As always, the answers will be provided after each question -- you have our "no-pressure" guarantee.

1. What is retaliation?

A. Getting even with somebody because he did something you don't like.

Revenge.Baby
"You'll never work in this town again."

B. Denying somebody a reward (such as a pay raise ...

You be the judge of these real-life employment disputes! (I've changed the names to make it harder for you to Google the answers right away, but the answers with links are at the end of the post.)

Judge Judy
"Real cases! Real people!"

SO FUNNY, I FORGOT TO LAUGH

1. Susan and her husband, who are white, are cleaning out their attic one weekend. They come across some quaint old clothes and sepia-tinted ...

What do you really know about the "interactive process" under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it's the terminology that scares employers. "Interactive process" sounds so intimidating.

Instead of "interactive process," it should be called "sit-down."

When an individual needs a reasonable accommodation, the ...

Here's a little Friday quiz for you -- no grading, and answers appear below -- on the subject of retaliation.

After you take the quiz, stay tuned for the story that inspired me to write about this.

 

RETALIATION QUIZPerry.Mason.Wlwc_perry_mason.JPG

1. Approximately how many labor and employment laws have anti-retaliation provisions?

A. All of them

B. Three - Title VII, the Americans with Disabilities Act, and the Age ...

Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial.

In its 2011 decision in Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court found that an informal, oral complaint could be "protected activity" under the FLSA and ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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