Older Workers’ Difficulties Getting A Job Their Own Faults?

This may be an overstatement of the results of a new study reported in today’s New York Times. But not by much.

Get out there and network!

The study by a management professor found that people over 50 have a harder and longer time finding work than their younger colleagues.  It was found that it took them […]

One Last Dead Horse To Beat — The EEOC And Health Care Providers

Forgive me this once for beating a dead horse again, but the dead horses keep coming!  I mean the “dead horse” which I have kept beating and beating for years — the never ending flow of EEOC lawsuits under the ADA which target medical or health care providers.  Why won’t these medical folks ever learn?

Three new […]

Can You Spot The Issues? You Have 15 Minutes!

I thought way back about a law school exam when I read a short squib in the September 25th New York Law Journal by Mark Hamblett entitled “Synagogue Sued Over Firing of Pregnant Employee,” which describes in a few, short sentences a new employment discrimination lawsuit filed in federal court in New York.

I want to present the […]

It’s Not A Good Idea To Have A Policy Of Firing Employees When They Turn 62

A large Wisconsin heating and plumbing contractor learned the hard way that it is not OK to have a policy of firing people simply because they turn 62.  Or to retaliate when the employees contend (correctly) that this is illegal.

As an EEOC attorney put it, besides being illegal, this type of policy or practice “rupture the band […]

Beating A Dead Horse About The EEOC’s “Shooting Fish In A Barrel”

Ok, enough.

I promise no more mixed metaphors or posts about the EEOC going after medical or health care facilities for alleged violations of the ADA because, as I believe, they are easy pickins. No more “shooting fish in a barrel” or “plucking low hanging fruit, or other such things.

Well, maybe just this once.

I wondered frequently in […]

Henry’s Turkey Raises It’s Wattled Head – Again

In one of my last blog posts at my old firm (you know, where I am now known by my pen name, “Fox”), I wrote about the heartbreaking case of the intellectually disabled workers at Henry’s Turkey who were paid $65 a month eviscerating turkeys.  I called Henry’s “the poster bird for the abuse of intellectually disabled […]

EEOC’s Duty To Investigate: Limited Judicial Oversight, Says Appeals Court

Let’s face it – law and politics are inextricably intertwined.

Under the last administration, the EEOC was relatively quiescent and employers spent little time addressing or attacking it or its role in discrimination cases.  (Note that before a charging party can sue in federal court she has to file a charge with the EEOC and go through the EEOC process).  […]

The EEOC: “Religious Freedom and Inclusiveness”

Religious discrimination, formerly a backwater of discrimination law, has shot to the forefront in recent years.   Public policy and the expansion of the reach of Title VII meet claims of religious discrimination.   The political/legal struggles will likely take a while to resolve, if at all.   But one thing is certain: the EEOC has decidedly not abandoned its […]

The ADA: No Employment Decisions Based Upon Fears, Myths and Stereotypes

The EEOC recently sued Amtrak under the Americans With Disabilities Act (“ADA”) alleging that Amtrak withdrew an offer of employment to a machinist in a rail yard when it found out that he suffered from epilepsy.  Amtrak allegedly cited fears for the applicant’s safety “should he have a seizure.”  However, as reported in The Hill, the […]

Can Algorithms Learn To Discriminate In Employment Decisions?

Recently the New York Times discussed how algorithms learn to discriminate.  What’s that you say?

The Times reporter wrote that “Algorithms have become one of the most powerful arbiters in our lives. They make decisions about the news we read, the jobs we get, the people we meet, the schools we attend and the ads we […]