What Does the Older Workers Benefit Protection Act Do?
The Older Workers Benefit Protection Act (OWBPA), passed in 1990, amends the Age Discrimination in Employment Act (ADEA) of 1967. It protects workers aged 40 and older from discrimination related to benefits and severance agreements. The OWBPA ensures these workers get fair benefits and fully understand the implications before waiving their...
How Ageism Impacts Women in Leadership Positions
In recent years, our understanding of workplace discrimination has deepened, tackling nuanced dimensions like racism and sexism. However, a recent study by the Harvard Business Review draws attention to another layer of bias, ageism, which detrimentally affects women in leadership roles in unique ways.
This blog explores the insidious...
Former NY Mets Pitching Coach Sues Team for Age Discrimination
Ex-New York Mets pitching coach Phil Regan has filed a lawsuit against the franchise, alleging the team fired him after the 2019 season because of his age. Whether Regan’s case has merit remains to be seen. In the meantime, if you believe your employer has discriminated against you because of your age,...
EEOC Sues NYC Security Company for Disability and Age Discrimination
The Equal Employment Opportunity Commission (EEOC) recently announced it filed a lawsuit in federal court against Maximum Security NYC, Inc., alleging disability and age discrimination. While the employment watchdog has broad enforcement powers, employees in New York also have strong legal protections under state and city laws. If you have suffered...
The Challenges of Winning an Age Discrimination Claim
Ageism in the workplace is a growing concern for older workers who remain in the workforce longer by choice or necessity. Although age discrimination violates federal, state, and city laws, proving a claim is challenging. Let’s look at age discrimination in the workplace and how you can fight against it.
EEOC Files Age Discrimination Lawsuit Against New York City Restaurant
In April, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Hillstone Restaurant Group, Inc. alleging the company violated federal law by refusing to hire applicants aged 40 and over for front-out-the-house positions at its two New York City locations because of their age.
While the outcome...
Amendments to New Jersey Law Against Discrimination Expand Protections Against Age Discrimination
On October 5, 2021, New Jersey Governor Phil Murphy signed legislation that amended the state’s Law Against Discrimination (LAD) to expand protections against age discrimination. In short, the new law bars employment discrimination against workers age 70 and over and broadens the remedies victims of age discrimination can pursue to obtain...
New York Appellate Judges Sue Over Forced Retirements
In September, the Office of Court Administration’s (OCA) administrative board declined to recertify 46 judges older than 70 in a bid to cut the judiciary budget by 10 percent. The move was in response to New York State’s COVID-19-induced budget deficit. Now, five appellate judges slated to lose their jobs on Dec....
EEOC Finds Pattern of Age Discrimination at IBM
After a lengthy investigation, the U.S. Equal Employment Opportunity Commission (EEOC) has found that IBM engaged in systematic age discrimination by directing managers to replace older employees with younger workers. The EEOC finding, contained in a determination letter sent to a group of ex-employees who filed complaints, could open the door...
U.S. Supreme Court Expands Protections Against Age Discrimination for Federal Workers
In April, the U.S. Supreme Court ruled that the Age Discrimination in Employment Act (ADEA) allows federal employees to file a lawsuit over any age bias that influences an adverse employment action, not just when age bias is the determining factor in an employment decision.
Whether this ruling will...