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Impact of Gross v. FBL Examined

By |2017-02-02T17:50:05+00:00September 14th, 2010|Categories: Age Discrimination|Tags: , |

The impact of the Supreme Court's decision in Gross v. FBL has been the subject of much speculation.  A recent decision sheds some light on the subject.  The case is Jones v. Oklahoma City Public Schools from the 10th Circuit. Ellen Simon has a long and very good analysis at her Employee Rights Post. She [...]

Plaintiff Can’t Be Dismissive of Her Own Case

By |2010-03-01T09:02:33+00:00March 1st, 2010|Categories: Age Discrimination, Employment Law News|Tags: , , , , , , , , |

One of the dangers of litigation for plaintiffs is that, once you start a fight, you can't necessarily stop it.  That could spell trouble for one former Crowell & Moring (a big law firm) employee, who sued her ex-employer for age discrimination. This post from the Blog of Legal Times lays out the basics.  Plaintiff [...]

Big Age Discrimination Award

By |2009-11-12T08:56:10+00:00November 12th, 2009|Categories: Age Discrimination, Employment Law News|Tags: , |

Law.com has this report of a $6.2 million verdict in favor of two Pennsylvania scientists formerly employed by PQ Corp.  Both had been terminated in a downsizing.  The jury found that PQ discriminated against them because of their age. This case illustrates things that are worth remembering, whether you are an employer or employee.  First, [...]

Age Discrimination on a Monday Morning – Part 2

By |2009-10-12T10:18:43+00:00October 12th, 2009|Categories: Age Discrimination|Tags: , , , |

A Congressional bill to overturn the Supreme Court's decision in Gross v. FBL is now available in the form of a proposed "Protecting Older Workers Against Discrimination Act."  (POWADA?  We might need a better acronym here.)   Gross, you will recall, did away with the ability of older plaintiff's to attempt to prove age discrimination [...]

Age Discrimination on a Monday Morning

By |2009-09-14T10:46:52+00:00September 14th, 2009|Categories: Age Discrimination|Tags: , |

Two developments in age discrimination law have gotten our week started on this Monday. First development: can an employer be liable for age discrimination in a hiring situation made on the employer's behalf by an independent contractor?  Yes, according to the Court of Appeals for the Second Circuit.  The case is Halpert v. Manhattan Apartments, [...]

Age Discrimination: Where Do We Go Now?

By |2009-07-27T11:54:10+00:00July 27th, 2009|Categories: Age Discrimination|Tags: , , |

In the wake of two recent Supreme Court  "mixed motive" age discrimination cases, Gross v. FBL Financial and Kentucky Retirement Systems v. EEOC, age discrimination has gotten harder to prove.   Up until now the methods of proving different kinds of unlawful discrimination --- age, disability, race, gender --- generally were similar.  Now age cases are treated [...]

“Direct – ionless” Plaintiff Talks Burden of Proof in Supreme Court

By |2017-02-02T17:50:48+00:00April 1st, 2009|Categories: Age Discrimination, Employment Law News|Tags: , , |

Yesterday the US Supreme Court heard oral argument in Gross v. FBL Financial Services, Inc., an age discrimination case.  Here's the transcript of the oral argument.  The issue, as simply as I can summarize it, was whether the plaintiff needed "direct evidence" of discrimination in order to prevail.  As it turns out, that question is neither simple nor [...]

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