Taking the Mystery Out of Bad Hiring Practices

Want some free anti-harassment and anti-discrimination training? Well, have I got a deal for you! Mystery Diners is a reality show on the Food Network. The show’s concept involves a father-daughter team who pretend to be employees and/or customers at a target restaurant in order to help the owner uncover the “leaks in the dam” so to speak.

An episode that aired last week, called, “Managing Disaster,” could be used as a workplace best-practices training video. In short, you could use the video to train employees that any of the conduct by the restaurant’s manager should be considered prohibited conduct in your workplace. Continue reading

Supreme Court Rules for Employers in Age-Discrimination Case

The Supreme Court issued its opinion in Gross v. FBL Financial Services last week, holding that a plaintiff bringing an age-discrimination claim must prove, by a preponderance of the evidence, that age was the “but-for” cause of the challenged adverse employment action. The burden of persuasion does not shift to the employer to show that it would have taken the action regardless of age, even when a plaintiff has produced some evidence that age was one motivating factor in that decision. Continue reading

Is there Really an Increased Amount of Age-Based Bias in the Workplace?

Age-discrimination claims are on the rise.  The number of age-based charges of discrimination filed with the EEOC increased by 29% in 2008, according to an article in the Wall Street Journal, More Workers Cite Age Bias After Layoffs. The rise is larger than the overall increase in charge filings, which the EEOC reported as 15% over 2007.  This news won’t come as much of a surprise to most employment law attorneys, though.  We’ve seen a steep increase in charge filings, on the state and federal levels, since the summer of 2008, with a seemingly record-high numbers of charge filed in the Delaware Department of Labor during the months of September and October.  But why have age claims, in particular, been the type subject to the sharpest increase? Continue reading