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LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report  

Alleged Plan to Remove 'Old-Timers' Wasn't Enough to Keep Age Suit Alive

HR Dive

In an article published by HR Dive, Matt Gomes provides insight into the Age Discrimination in Employment Act (ADEA). 

The ADEA prohibits discrimination based on age against applicants and employees age 40 and older. Despite these protections, ageism at work is widespread and viewed as the last acceptable bias. One area in which bias occurs is in terminations; older workers are dismissed because of false perceptions about their contributions and pay. 

“When planning layoffs or carrying out staff reorganizations, employers should exercise caution,” says Gomes. He added that, “Older employees tend to be more senior and more highly paid, so when leaders lay off those making the most money, they may be setting themselves up for an age discrimination claim.” 

“To defend against bias claims in the wake of reorganization, HR should consider such implications and document all decisions,” emphasized Gomes. 

For the full article, click here.

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