Category Archives: ADEA

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Sixth Circuit decision reminds employers of simple mechanisms for avoiding legal risk.

Long-standing and consistently applied policy, coupled with clear and objective documentation of the employer’s financial status form the basis of a decision by the 6th U.S. Circuit Court of Appeals to uphold the dismissal of an employee’s age discrimination claim. Green v. Twp. Of Addison, 6th Cir., No. 14-1607, unpublished (May 27, 2015). Linda Green, … Continue Reading

Taking FMLA leave does not affect employee’s obligations under non-FMLA attendance policies.

Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A … Continue Reading

Performance Improvement Plan (PIP) is not an “adverse employment action” for purposes of federal anti-discrimination laws.

In order to support a claim of employment discrimination, an individual typically must show that an “adverse employment action” was taken, and that such action was based upon a protected characteristic. To constitute an adverse employment action for purposes for federal anti-discrimination laws, such action must create a significant change in an employee’s status, and … Continue Reading

Insubordinate employee does not meet employer’s legitimate expectations.

Unless an individual can prove that she is meeting the expectations of her employer, that individual cannot set forth the prima facie case necessary to support a claim of workplace discrimination. The 7th U.S. Circuit Court of Appeals has found that an employee who was fired for insubordination was not meeting an employer’s legitimate business … Continue Reading

Employer may be liable for discriminatory hiring engaged in by independent contractor.

The Age Discrimination in Employment Act (ADEA) makes it unlawful to discriminate against an individual over the age of 40, and specifically includes a prohibition against failing to hiring someone based on his or her age. The 2d U.S. Circuit Court of Appeals recently pointed out the expansive nature of that prohibition by holding that … Continue Reading