| Topic Name: |
Why stay at hewitt? |
| Message Name: |
Over 40 is protected |
| Date Posted: |
01/28/2006 |
| In Reply To: |
Over 40 does not protect. Right around half of those laid off in the last round were 40+. Most were the oldest members of their workgroups. |
| Message: |
I am not saying that you can't be fired if you are in a protected class, it's just that HR is wary of firing people that might bring a discrimination suit.
Based on a recent Supreme Court decision it is even easier for those over age 40 to sue.
http://library.findlaw.com/2005/Apr/6/174540.html
On March 30, 2005, in a decision that will change the landscape of age discrimination litigation, the U.S. Supreme Court ruled in Smith v. City of Jackson that workers age 40 and older may prove discrimination under the Age Discrimination in Employment Act (ADEA) using a disparate impact theory. Prior to this holding, a claimant could only obtain recovery under the ADEA by claiming that an employer, or prospective employer, made an adverse employment decision that was motivated by an intent to discriminate against the claimant because she/he was at least 40 years of age. This case now allows a claimant (or claimants) to recover if it can be shown that an employer used a neutral business practice (not motivated by discriminatory intent) that had an adverse impact on people age 40 and over. The claimant need not establish that the employer intended to discriminate.
|
|
