The Age Discrimination in Employment Act recently celebrated its 50th birthday (it doesn't look a day over 49). This calls for an age discrimination quiz!

Question 1: What age group is protected from age discrimination under the ADEA?

A. All age groups. Discrimination based on age is never ok, whether you are young or old.

B. Ages 40 to 70.

C. Ages 40 and up, with no upper limit.

D. Ages 40 and up, unless you are an athlete or a model, in which case it's ages 30 and up.

ANSWER: C. Some states have laws that prohibit all age discrimination -- including discrimination against the young -- but the ADEA doesn't protect people under age 40.

Question 2: Which of the following could be considered "code words" for age discrimination?

A. "We're looking for someone with a high energy level."

B. "We're looking for digital natives."

C. "You can't teach an old dog new tricks."

D. "Have you given any thought to when you want to retire?"

E. C and D.

F. All of the above.

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Reason No. 4: We have an all-star team of co-bloggers.

To wit (in alphabetical order): Ken Carlson, Cara Crotty, Louise Davies, Tommy Eden, LaLonnie Gray, Billy Hammel, Ellen Kearns, Damon Kitchen, Angelique Lyons, Bob Ortbals, Alyssa Peters, Kristine Sims, Sandra Sok, Jill Stricklin, Spring Taylor, Stephanie Underwood, Heidi Wilbur, and Jon Yarbrough. (Thanks, you guys!)

You ...

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Hot diggity! The summer 2017 edition of Retailer is out! Allison Wallrapp of our Tampa Office has a fascinating feature article about the use of robots in the retail industry and how it may not be such a bad thing for human employees. In addition, we have a graphic showing the jurisdictions that currently ban private sector employers from asking for salary history, and a handy recap ...

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Reason No. 3: We are not in collusion with the Russians.

You don’t have to be a lawyer to vote. Just go to the page here and nominate Employment & Labor Insider, along with a short statement about why you like us. The deadline to submit nominations is Sunday, July 30.

Thank you for your support!

PS - If you add a "social media" vote for our Twitter presence, @RobinEShea or ...

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The Senate is scheduled to hold a "combined" confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have been nominated to vacant seats on the National Labor Relations Board, and Patrick Pizzella, who has been nominated to be Deputy Secretary of Labor. Votes by the ...

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A recent study in Australia sought to determine whether “de-identifying” applications – removing any information relating to race and gender – would eliminate the effects of implicit or unconscious bias and “help promote gender equality and diversity in hiring. . . .”

Surprisingly, the study found that non-minorities and males were more likely to be hired when the ...

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Reason No. 2: Where else can you find a discussion of sophisticated employment law concepts coupled with ultra-retro TV, such as the 1968 Solarcaine commercial ("Stop sunburn pain!") or Queen for a Day?

You don’t have to be a lawyer to vote. Just go to the page here and nominate Employment & Labor Insider, along with a short statement about why you like us. The deadline to submit ...

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The American Bar Association has changed its contest a bit this year -- instead of the "Blawg 100," for which you've given us so much support in the past -- they're doing a "Web 100," which will include legal blogs but also websites and social media. Voting is open now through July 30, and we would really appreciate your support once again.

In that spirit, each day between now and July 30 ...

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Law360 reported this morning that the U.S. Court of Appeals for the Eleventh Circuit refused to rehear the case of Evans v. Georgia Regional Hospital, in which two out of three judges on a panel of the court decided that Title VII did not prohibit discrimination based on sexual orientation. 

According to the Law360 article, Lambda Legal intends to seek review from the U.S. Supreme ...

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Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a "protected category" (for example, sex or race), and "severe or pervasive."

But most employers aren't satisfied with banning only "illegal" behavior, and rightfully not. The law does a fairly good job of keeping us from each other's ...

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Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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