Posts tagged Code Words.

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.

This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It's 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I'll post about the proposed Guidance more generally. Overall, the ...

Wild, wonderful West Virginia is going right-to-work.

Republicans in the state legislature passed the Workplace Freedom Act and yesterday overrode a veto byWest Virginia postcard.flickrCC.NoeAlfaro Democratic Gov. Earl Ray Tomblin. Also yesterday, the West Virginia Republicans overrode Gov. Tomblin's veto of legislation that repeals the state's prevailing wage law.

"Right to work" is often confused with "employment ...

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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