Saturday, October 24, 2015

A Look at Age Discrimination in the Workplace

The New York Times took a look in a recent article at the continuing problem of age discrimination in the workplace.  The article examined the overall rise in age discrimination charge filings with the EEOC, as well as some of the possible causes for this persistent problem.  The article notes that experts believe it to be "a common phenomenon that will increase with millennials eager to enter the workforce and baby boomers reluctant to leave it."

As we often discuss in our employment discrimination classes, there is something unique about age discrimination, and it is one of the areas where plaintiffs continue to gather direct evidence of bias.  And, given the unique structure of the damages provision in the ADEA, these cases often tend to yield higher overall payouts for the litigants.  It will be interesting to see if the make-up of millennials and baby boomers in the workplace continues to create problems in this area of the law.

-- Joe Seiner

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