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BT Currents - Hot Topics in Employment Law

01 Jun In a Culture of Inclusiveness, Don’t Overlook Age

Age is the one protected class where everyone – eventually – is included. Yet as the #MeToo movement stays in the spotlight and implicit (and explicit) racial bias continues to capture headlines, it’s easy for age discrimination issues to fly under the radar.   But if you think age discrimination isn’t a big concern in today’s workplace, think again. The following examples illustrate how hiring is becoming the new battleground for age discrimination claims:   The U.S. Equal Employment Opportunity Commission and a major restaurant…

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22 Sep Teacher’s ADA, Age Discrimination Claim Given New Life by Sixth Circuit

  A school district’s decision to eliminate a teacher’s position while the teacher was out on Family Medical and Leave Act (FMLA) leave may have been pretext to disability discrimination, according to the U.S. Court of Appeals for the Sixth Circuit.   While on approved FMLA leave, a high school economics teacher was notified by the school’s principal that the economics position would be one of several eliminated due to budget cuts. All teachers in the eliminated positions received notices that their contracts would be…

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08 Jun The Age Discrimination in Employment Act Turns 50

  Put 50 candles on the cake. In 1967, the U.S. Congress passed the Age Discrimination in Employment Act (ADEA) with the stated purpose “to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; (and) to help employers and workers find ways of meeting problems arising from the impact of age on employment.”   Now 50 years later, as baby boomers are moving through the workforce and reaching retirement, the ADEA retains its relevance even…

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09 Mar Unwise Old Sayings? Watch Out For Stereotypes That Might Trigger An Age Discrimination Lawsuit

  By this point, most employers know not to make explicit ageist remarks such as calling an employee Grandpa, saying an employee is old, or inquiring about when an employee will retire. However, employers should also be mindful that less explicit remarks, even if not intended to be ageist, can evoke certain stereotypes and result in allegations of age discrimination.   In a recent Eighth Circuit case, an employee sued for age discrimination after his termination. His supervisor had noted that tasks requiring “physical skill…

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10 May 55-Year-Old Employee Fails to Establish Age Discrimination Claim against 3D Printing Company

Last week, a Minnesota Federal District Court granted summary judgment in favor of a New Mexico company accused of age discrimination. Optomec, Inc., is a New Mexico-based corporation that develops and manufactures 3D printing systems. While Optomec is headquartered in Albuquerque, it has also has a facility in St. Paul, Minnesota.   In 2013, Thomas Nash, who was 53-years-old at the time, began working for Optomec as a paid intern in the company’s St. Paul location. During his internship, Nash received average to “tepid” reviews….

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