| Topic Name: |
Why stay at hewitt? |
| Message Name: |
Just going by what I was told by former HAer |
| Date Posted: |
01/28/2006 |
| In Reply To: |
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.
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| Message: |
To get the severance, he had to sign that he would not sue. He had his lawyer look over the papers and the percentage of 40+ who were affected and was told that it didn't matter in their state since it was an "at will" state.
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