Category: Age Discrimination

Quirky Question # 173, Conflict with Supervisor Does Not Justify Transfer

Quirky Question # 173, Conflict with Supervisor Does Not Justify Transfer

Question: One of our employees, who happens to be in the protected age group, has a (charitably described) ‘strained’ relationship with his boss. He feels that he has been subjected to unfair criticism and that his supervisor’s performance assessments of his abilities do not reflect the true value of his contributions. He is convinced that he will never “get a...

Quirky Question # 161: Ambiguous Language Masking Discrimination

Quirky Question # 161: Ambiguous Language Masking Discrimination

Question: I’m an HR Director. Several of our executives use language that is ambiguous when describing specific employees. I’m not sure whether their lingo reflects some biased attitude or whether they are genuinely concerned about the issues they raise. Can you offer any guidance on this subject? Should I intervene?

Courts Must Referee Expert Battles In Deciding Class Certification Question

Courts Must Referee Expert Battles In Deciding Class Certification Question

Mark’s Analysis of Class Certification Issues The Minnesota Court of Appeals recently addressed the question of whether a court could weigh competing evidence at the class certification stage.  In deciding that issue, the Court also clarified the standard of proof necessary to certify a class.  Whitaker v. 3M, 764 N.W.2d 631 (MN Ct. App. 2009).  In the past, many courts...

Stray Remarks, Quirky Question # 108

Stray Remarks, Quirky Question # 108

Quirky Question # 108: We are a communications company in Colorado.  We recently terminated a sales employee for poor performance and he has since filed a charge against our company claiming his termination was the result of age discrimination.  In support of his charge, the former employee alleges that over a year ago he overheard the president of the Company...

Gross v. FBL, Supreme Court Age Discrimination Decision

Gross v. FBL, Supreme Court Age Discrimination Decision

Gross v. FBL Financial Services, Inc., Age Discrimination Cases Under the ADEA On June 18, 2009, a sharply divided Supreme Court issued its decision in Gross v. FBL Financial Services, Inc., No. 08-441.  The 5-4 decision establishes that plaintiffs pursuing claims of age discrimination under the federal Age Discrimination in Employment Act (ADEA) will be held to the more stringent “but for”...

“Me Too” Evidence, Quirky Question # 63

“Me Too” Evidence, Quirky Question # 63

Quirky Question # 63: We are defending against a claim of age discrimination.  The plaintiff has lined up a number of current and former employees, each of whom apparently intend to testify that during their employment, they also were (or are) victims of age discrimination.  Is this legit?  These other individuals never filed claims of age discrimination against us.

Bad-Mouthing the Company, Quirky Question # 39

Bad-Mouthing the Company, Quirky Question # 39

Quirky Question # 39: I am the operations manager for a food distributor.  One of our other managers, a long-term employee, was recently demoted to a position that places him in frequent contact with our customers.  He was unhappy about that demotion and has filed a charge of age discrimination with the EEOC. One of our customers has now called...

Age Discrimination, Volunteering for RIFS, Quirky Question # 23

Age Discrimination, Volunteering for RIFS, Quirky Question # 23

Quirky Question # 23: I read with interest your Quirky Question # 22 regarding age discrimination and releases of age discrimination claims.  We have a slightly difference issue.  Our company has gone through periodic reductions in force, stemming both from increased automation of our manufacturing processes and economic downturns.  Our RIF procedures have been carefully constructed, involving evaluations of 10...