November 01, 2015

The State of Age Discrimination Law: An Update

Brian McCaffrey

It appears that old news remains new news. We hear in podcasts and newsfeeds that although the Baby Boomers are reaching retirement age, they are not retiring. I suppose they still have student loans to pay off (both their own and their children’s) or their retirement accounts have been depleted by the crash of 2008. We also hear that the economic outlook, although improving since 2008, remains uncertain, so belt tightening is in order. As a business and employment lawyer, I have clients on the management side who tell me they have to create more vibrant teams and lay people off. On the employee side, older clients tell me that they are being questioned by their managers about moving on and are suddenly receiving complaints about their work—somehow their years of experience, rather than adding to their value as employees, have become a problem for their managers. In the current economic climate, age will increasingly play a part in business and employment matters. The federal Equal Employment Opportunity Commission (EEOC) reports that in 2014 some 20,588 age discrimination charges were filed with the agency, making up 23.2 percent of all discrimination charges filed. As a result of these claims, $77.7 million were paid out to EEOC claimants in 2014—not counting private lawsuits or private settlements.

Premium Content For:
  • Solo, Small Firm and General Practice Division
Join - Now