Why Age Discrimination Lawsuits explode in the future II

We're using our Advisor Core Training on the age discrimination law (ADEA). In the first article, we discovered a shocking new decision of the United States Supreme Court In this article we continue to share why it represents an explosion of age discrimination laws and what your company can do about it now will be.

The verdict

The Supreme Court has held in Meacham v. Knolls Atomic Power case (June 2008), which will affect their freedom from prejudice illegal, as youThe employer must not only be evidence of, but also bear the burden of proving the "reasonable factors other than age" for your employment policies or measures that have different effects on the workforce that is older than 40th Did you get it? It is plain and simple. The burden is to prove to you as an employer will not discriminate against, not the workers. Thus, the employee holds the advantage going into the courtroom.

The problem

Fuel to the fire is the fact that at the moment, the HighCourt made this sobering new system, statistics show the American workforce is aging rapidly. According to the Bureau of Labor Statistics, by 2012 almost 70% of workers in the United States, which is older than 40 years. That a coincidence? You make the call. But do not hurt your business can afford to be this powerful – law.

The solution

Immediately you get your supervisor and Human Resources (HR) staff in training on this serious issue. LaborAttorneys (because) this new scheme will have an absolute field day in this area. But there are some strategies that you can use today to protect your entire organization.

1. Interviews to know: Make sure staff survey, which questions they can ask and what not (do a prospective workers), particularly in relation to a person's age. Do not even hint at a person's age. For example, a statement like "You remind me of my father" or "You remind me of my mother." It is not difficult to seeas received by the interviewers in unintended difficulties. Never forget, the courts ruled unintentional discrimination is still discrimination. And discrimination is an action the employee may bring before the court.

2. Hiring implementing an internal examination of your application. Be honest with yourself. Look closely and see if those candidates who are older than 40, systemically weeded out of the recruitment of new employees.

3. Offers: Executes a new internal review of thisWorkers encouraged. Take a close look at the number of a one to three years. Is there a pattern of workers over 40 years are passed over for promotions? Again, it is perhaps not intentionally, but it can be lethal, and finally

4. Firing / layoffs: Before you have a release, make sure that you study at the age right, and you learn it like the back of your hand. Workers who are older than 40 will be protected in a dismissal and there are certain steps you must take toProtect their rights. Get to know them. In addition, conduct a further examination, this time by workers who have been fired in the last 1-3 years. Is there a pattern that can be perceived as a negative impact on workers over 40? The point is to get in the tests before the workers received.


With the aging of the American workforce is undoubtedly an increase in age discrimination litigation. But your organization does not have to be the victim.This white paper covers practical steps you can take to win in this area. Do not wait another moment, the study of this law today.

© 2009 King Davis edge piece. All rights reserved International.


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