bias

At Last, Age Bias Case From 2001 Moves Forward

Posted on 04/30/2014 by |Legal Grounds | Comments

Bulletin TodaySuppose you believe that your employer has discriminated against you because of your age. After thinking it over, perhaps you decide to sue. You file your claim. And then you wait. And wait. And wait. People who seek redress through the justice system in this country often come up against a difficult reality: The courts are overloaded. Claims move slowly. Cases drag on for years. Such is the case for a lawsuit brought by AARP Foundation Litigation against Allstate Insurance …

Wal-Mart Charged With Age Discrimination

Posted on 03/28/2014 by |Legal Grounds | Comments

Bulletin TodayIn 2011, Wal-Mart was the talk of the nation when a gender discrimination case against the huge discount store chain went all the way to the U.S. Supreme Court. The plaintiffs in the case lost for procedural reasons, not for anything having to do with their discrimination claims. The accusations of gender discrimination have never been disproved, and several of the plaintiffs in the original case have filed new lawsuits. Fast forward to March 2014, and Wal-Mart’s in the news …

Supreme Court Takes a ‘DIG’ at Age Discrimination

Posted on 10/16/2013 by |Legal Grounds | Comments

Bulletin TodayIt 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?

Posted on 10/9/2013 by |Legal Grounds | Comments

Bulletin TodayThe 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 …

Are Age Bias Suits Really Down?

Posted on 09/6/2013 by |Legal Grounds | Comments

Bulletin TodayThe 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 …

Bill Aims to Restore a ‘Fair Shake’ in Age Bias Cases

Posted on 07/30/2013 by |Washington Watch | Comments

Bulletin Today | PoliticsA bipartisan group in Congress has introduced legislation to remedy two Supreme Court decisions that have made it far more difficult for older workers to prove that they have suffered from illegal discrimination because of their age. Related: Workplace Age Bias Hits Home for Boomers Iowa’s two senators, Democrat Tom Harkin and Republican Chuck Grassley, are the lead sponsors of the bill, named the Protecting Older Workers Against Discrimination Act; Rep. George Miller (D-Calif.) is the lead sponsor of an …