age discrimination...eeoc age related charges •in 2014 the eeoc received 20,588 charges that...
TRANSCRIPT
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Age DiscriminationMegan M. Hudson
Associate Assistant Attorney General
Civil Rights Section
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True or False
• Race discrimination has more severe
penalties under Ohio’s anti-discrimination
laws than age discrimination?
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False!
• Age and race discrimination are equally
unlawful under Ohio’s anti-discrimination
laws and carry the same penalties.
• Why do people “joke” about age?
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Agenda
• Introduction
• Stereotypes
• The law
• Layoffs
• Waivers
• Exceptions
• Questions
• Best Practices
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Introduction
• Who am I?
• Why do you care?
• Is age discrimination really a problem?
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EEOC Age Related Charges
• In 2014 the EEOC received 20,588 charges
that alleged age discrimination.
• The EEOC collected $77.7 million in
monetary benefits as a result of settlements
and successful conciliations.
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Stereotypes
• “You are probably going to retire soon…”
• “Older workers just don’t do well with technology.”
• “Older workers don’t adapt well to change…”
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The Law
• Ohio’s anti-discrimination law and the
federal Age Discrimination in Employment
Act (ADEA) prohibit discrimination based on
age.
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Too Young?
• It is not against the law to discriminate
against someone because they are under
the age of 40.
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When is an employee protected?
• All aspects of employment, including:
– Apprenticeship programs
– Job notices and Advertisements
– Pre-Employment Inquiries
– Benefits
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True or False?
• Firing an employee who is over the age of 40
is illegal.
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False• It is not unlawful to
fire an employee who is over the age of 40, because being over the age of 40 is not an excuse for:– Poor work
performance
– Poor attendance
– Punching your boss
– Etc., etc., etc…
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True or False?
• Firing an employee because the employee is
over the age of 40 is illegal.
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True• Making an employment decision based on
the fact that the person is 40 years old (or
older) is against the law.
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How are Age Discrimination Claims
Proven?
• Direct evidence – no inference or
presumption needed.
• Indirect evidence – requires an inference
that the employee was discriminated against
because of their age.
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Indirect Evidence of Age
Discrimination?
• “I’m sorry, but we’re looking for more
energetic, upbeat people to fill this position.
Get out.”
• In January, the employer is overheard saying
“You can’t teach an old dog new tricks”
about an employee. Then, 4 months later the
same employee is fired.
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Indirect Evidence:
3 Steps to Proving Discrimination
• Prima Facie case
• “Legitimate, non-discriminatory reason”
• Pretext
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Question
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Yes
• No direct evidence, so look to indirect evidence:
– Steve is at least 40 years old
– Steve was subjected to an “adverse employment action” (didn’t get the job)
– Steve met the requirements of the job description
– Steve was treated differently (i.e. worse) than someone who was “substantially younger” than him.
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What is “substantially younger?”
• The term “defies an absolute definition…” Coryell v. Bank One Trust Co., 101 Ohio St.3d 175, 2004-Ohio-723
• 7 years may be sufficient (Coryell) but 2
years is not enough. Dean v. Chemineer, 2004-Ohio7254 (2nd Dist.2004)
• No Ohio court has yet held anything less
than a 9-year difference to be “substantial”
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Layoffs
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Waivers and Release Agreements• Often , if an employer
decides to terminate an employee or offers early retirement, the law allows the employer to ask the employee to sign a release, waiving their rights and claims under the ADEA
• The law is very specific about the procedure that must be followed –consult with legal counsel
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Exceptions
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Questions?
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Minimizing the Risk of Age
Discrimination Claims
• Regularly review
policies and
practices
• Don’t assume!
• Be aware of age
related “joking” in
the workplace
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Civil Rights Section
614-466-7900
30 E. Broad St., 15th Floor
Columbus, Ohio 43215