Retaliation Encyclopedia

By Andy Volin The EEOC just released proposed enforcement guidance on retaliation, and at 73 pages, it has everything you ever wanted to know on the topic.  This is the first time since 1998 that the EEOC has updated its guidance on this topic, and the EEOC is soliciting public comment until February 24, 2016. […]

ADEA Safe Harbor Unsafe

By Bill Wright In 1945, an employer and unions created a pension plan that provided equal pensions to all workers retiring at age 65 but capped the employer’s contributions. The result was that workers who joined the plan later in life, e.g. at age 40, had to pay a greater percentage of their salary into […]

The Employee’s Asking For It

By Lori Wright Keffer When an employee applies for, and gets, a job transfer, the employer has not subjected the employee to an adverse employment action – or has it? In a recent case, the plaintiff claimed he suffered an adverse employment action under Title VII and the ADEA when his employer transferred him to […]

Court-Authored Settlement Agreement Might Not Suffice

By Sarah Peace It is important to proceed cautiously and meticulously even with a court-approved settlement of an employee’s claims.  In Walters v. Wal-Mart Stores, Inc., No. 11-5130 (10th Cir. Jan. 8, 2013), a plaintiff brought race, disability, gender, and age discrimination claims against his employer.  They reached a settlement agreement in a conference with […]