Age Discrimination

The federal Age Discrimination in Employment Act, or ADEA, protects workers forty and over from age discrimination. The cases below show that bias against older workers can be signaled by subtle clues such as calls for "new blood" in a company. A common age discrimination pattern occurs when an employer channels older employees out the door by suddenly giving them less favorable evaluations than before and then replaces them with younger employees.

Some of our age discrimination class actions occur in the context of a reduction in force or RIF. The Older Worker Benefits Protection Act, or OWBPA, requires employers to give data to terminated employees about the ages of persons retained and eliminated in the RIF. This information is useful to evaluate whether an employer is using the RIF as a front for age discrimination.

Severance packages are often offered to terminated older employees. The OWBPA requires employers to provide employees with adequate information and time to consult with an attorney before agreeing to waive age claims in exchange for the severance. Once an employee has signed a waiver, it is difficult, though not impossible, to bring a civil lawsuit against the employer.

Federal claims under the ADEA are litigated through a procedure under which potential class member must file an "opt in" form in order to join the case. Any class member who does not timely file an opt in form loses the right to share in any monetary recovery.

Age Discrimination in Employment Cases

Burns v. Control Data Corporation - Closed

Hyman v. First Union Corporation - Closed

Romero v. Allstate Insurance Co. (Romero I)

Severtson v. Phillips Beverage Co. - Closed

TV Writers' Cases†- Open

Whitaker v. 3M Company†- Open