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Age Discrimination

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Employer Learns Not to Question Older Applicant’s “Long Term” Prospects

  • Feb 11, 2020
  • Age Discrimination
  • Dennis J. Merley

When a recently retired employee wants to come back to work, there may be good reasons not to hire that person.  The applicant’s age and “long term” prospects should not be among them, as one ...

Flight Attendant’s Claim That Probation Was Age Discrimination Simply Won’t Fly

  • Jul 11, 2019
  • Age Discrimination
  • Dennis J. Merley

A Federal Court in Minnesota recently ruled that simply being placed on probation is not an adverse employment action upon which an age discrimination claim can be based. Diane Ford, a fifty-eight year old woman, ...

An Employer’s Reasonable Belief Defeats Claim of Pretext, Even If the Belief is Later Proven Wrong

  • Apr 18, 2019
  • Age Discrimination
  • Dennis J. Merley

Can an employer lawfully terminate an employee for misconduct even if the employee disputes the allegations and later proves them wrong? The 10th Circuit Court of Appeals just answered “yes” in a very convincing and ...

Company’s Desire for a “New Face” Does Not Prove Age Discrimination

  • Jun 20, 2017
  • Age Discrimination
  • Dennis J. Merley

What happens when you tell a 63 year-old employee that he won’t get the newly created promotion and will be laid off because the company wants a new face? Nothing, according to the Eighth Circuit ...

Court Rules 50’s Can Sue For Age Discrimination Even When 40’s Are Not Harmed

  • Jan 12, 2017
  • Age Discrimination
  • Dennis J. Merley

A Federal Appeals Court has ruled that subgroups of older employees (e.g. employees in their 50’s) can claim that an employment action illegally impacts them based on age even if the overall effect on employees in the protected age ...

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