Supreme Court Takes a ‘DIG’ at Age Discrimination

It was over before it began. Last week I wrote here about Madigan v. Levin, an age discrimination case before the Supreme Court. I explained that the oral argument didn’t seem to go so well for Harvey Levin, who seeks to establish that plaintiffs complaining of age discrimination can bring both constitutional and Age Discrimination in Employment Act (ADEA) claims. Supreme Court watchers expected a decision in the case before June, probably sooner. “Sooner,” as it turned out was right. …

Will the Supreme Court Punt on an Age Discrimination Case?

The Supreme Court’s new term started off with a bang on Oct. 7 with the oral arguments in Madigan v. Levin, a major age discrimination case. Harvey Levin, 61, was asking the Court to decide whether the federal Age Discrimination in Employment Act (ADEA) blocked him from any asserting any claims he might otherwise have under the U.S. Constitution. Here’s the lowdown: After a long career during which he says supervisors reviewed his work positively, Levin was fired from his …

On First Monday, Some Supreme Court Milestones

Happy First Monday! You may know that the U.S. Supreme Court starts its term every year on the first Monday of October. But you may not have realized that all the justices on the nation’s highest court are eligible for membership in AARP. (The youngest is Justice Elena Kagan, who’s 54.) The nine justices are fine evidence for the theory that people who love what they do stay young at heart. The oldest justice ever? Oliver Wendell Holmes, who retired …

11 Things We Didn’t Know Last Week

News, discoveries and fun … 1. The world’s ugliest animal is … the blobfish. (Learn more at CNN)   2. Surprise: The “perfect age” is now 50. (Learn more at AARP) 3. The Beatles have a new album on the way. (Learn more at BBC) 4. A daily cup of coffee can help prevent uterine cancer. (Learn more at AARP)   5. Why Tofutti CEO David Mintz loves older workers: “There’s no experience like experience.” (Learn more at The Tennessean) 6. The latest Forbes 400 list of richest Americans gives …

What’s the ‘Perfect’ Age?

If you could skip through time and live forever at a certain point in life, what age would it be? Given our traditionally youth-obsessed culture and penchant for nostalgia, you might guess that most Americans would choose to be perpetual teenagers. Well, guess again. According to a new Harris poll, Americans overall consider the ideal age to be 50. Just a decade ago, the average respondents pegged the perfect age as 41. Turn your goals and dreams into Real Possibilities …

Are Age Bias Suits Really Down?

The New York Times reported last week that the Supreme Court’s 2009 ruling in Gross v. FBL Financial Services has changed the legal landscape for age discrimination cases. The problem? Even though many older workers who lose their jobs think that age discrimination played a role in their terminations, the burden of proof required is now so high that lawyers just don’t see the cases as winners. Given that the Times didn’t back up its assertion that “most lawyers won’t even take …