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Cases coming before justices during the 2004-2005 term that could affect your workplace include Smith v. City of Jackson, which raises the question of whether the federal Age Discrimination in Employment Act recognizes disparate impact age bias claims, as opposed to claims of intentional age bias; and Commissioner of Internal Revenue v. Banks, which questions […]
The Equal Employment Opportunity Commission has approved a rule that would allow employers to reduce or cut retiree health benefits once a retiree becomes eligible for Medicare or a comparable state-sponsored health benefit—without violating the Age Discrimination in Employment Act. According to the U.S. General Accounting Office, 10 million retired employees age 55 and over […]
The U.S. Supreme Court will decide whether age-neutral policies violate the Age Discrimination in Employment Act (ADEA) if they adversely impact older workers. The federal appeal courts are split as to whether “disparate impact” claims—which allege that a neutral policy or practice had an adverse, although unintentional, impact on a protected group—are permitted under the […]
The Equal Employment Opportunity Commission has rescinded a policy under which the agency viewed employer-sponsored health plans that were reduced or eliminated on the basis of age or Medicare eligibility as violating the federal Age Discrimination in Employment Act. The agency acted after receiving input from employer and labor groups suggesting that the rule discouraged […]
It’s not uncommon for employers to offer older workers early retirement or severance benefits in exchange for having them waive potential age-bias claims they might have under the federal Age Discrimination in Employment Act (ADEA). But employees sometimes have second thoughts—after they have accepted the benefits. Now the Equal Employment Opportunity Commission has issued new […]
The U.S. Supreme Court left intact a landmark federal Ninth Circuit Court of Appeal ruling that has forced many employers to reassess how they deal with temporary workers. The federal court had ruled that Microsoft improperly treated as many as 10,000 temporary employees as independent contractors and illegally denied them the option of participating […]