Forced retirement is an age discrimination no-no

Image credit: slate.com

The EEOC has sued a Colorado hospital for age discrimination. The key allegation? That it forced employees to resign because of their age. The lawsuit claims hospital managers made ageist comments, including that younger nurses could “dance around the older nurses” and that they preferred younger and “fresher” nurses.

According to Phoenix District EEOC Regional Attorney Mary Jo O’Neill, “Research shows that pervasive stereotypes about older workers still persist—for example, there are widespread stereotypes that older workers are less motivated, flexible, or trusting and that a younger workforce is preferable. These stereotypes are flatly untrue and must be recognized for what they are—prejudice and false assumptions.”

WIRTW #429 (the "top 10" edition)

Blame it on the Labor Day holiday and the resulting short work week, but the labor and employment news has been a bit scarce this week. So, instead of my usual categorical breakdown of the week’s best posts, I am listing them as a (sort of) top 10.

Here are the top ten labor and employment law posts from this past week (not written by me, and not really in any particular order):

Free Speech, Social Media, and Your Job

One of the biggest misconceptions that employees hold is that the First Amendment grants them free speech rights in a private workplace. Quite to the contrary, the First Amendment right to free speech grants private-sector employees zero constitutional rights or protections.

Today, I bring you a guest post by Ellen Gipko of HubShout, which takes a deep look at this important issue, with a special focus on online speech and social media.

Fox Settles Sexual Harassment Suit with Gretchen Carlson

What do you get when you add a high profile sexual harassment suit, a highly compensated employee, and a well known target?

$20 million.

That is the number that Gretchen Carlson is receiving in settlement of her sexual harassment lawsuit against her former boss, deposed Fox News chief Roger Ailes.

Associational disability discrimination claims are rare, yet dangerous

I have been blessed with employers that are sympathetic to the fact that my son was born with some life-long medical issues. I’ve never had an issue taking time for a doctor’s appointment, or an unexpected illness, or the three weeks he spent inpatient at the Cleveland Clinic five (very) long years ago.

Some employees aren’t so lucky.

WIRTW #428 (the “science is fun” edition)

I never thought I’d be the parent of private school kids. I am a proud survivor of the School District of Philadelphia, and always assumed that my kids would also attend public school. Then we found Lake Ridge Academy. Without sounding like too much of an advertisement for the school, it was the best decision and investment we made for our family.

Case in point — the fifth grade starts every school year with an overnight science trip to Stone Lab, an Ohio State teaching and research lab on Lake Erie. They study marine life, fish (and dissect fish), otherwise explore nature, and bond. Norah reports that she’s been looking forward to the experience since, as a kindergartener five years ago, she saw the fifth graders leaving with their overnight bags. By the looks of things, she’s not disappointed with the experience.

We made the 10:30 ferry! #millerboatline #learningisfun #stonelab pic.twitter.com/OCDmrJc0D9

— LS Technology (@LRATechnology) September 1, 2016

Here’s the rest of what I read this week:

The ADA and prescription meds: what you need to know

Can an employer include prescription medications in its drug screening of job applicants and employees? Here’s a good lawyer answer for you. It depends.

Last week, the EEOC announced that it had sued an Arizona car dealership for disability discrimination after it rescinded a job offer when a pre-employment drug test revealed a prescription drug used to treat a disability.