“But I Was Just Kidding!” Is That a Defense to a Discrimination Claim?
Posted on October 4, 2017
the situation During an industry-wide conference related to success strategies, a company executive is taking notes. The notes include a page with the header “Attracting and Retaining employees,” and underneath, writes “Fire all the old people.” The owner claims he was only kidding when he wrote this and was referring to a similar statement made […]
Is a Claim that an Applicant is Overqualified a Defense to an ADEA Claim?
Posted on July 19, 2017
the situation You are trying to fill an unskilled laborer position. One applicant for the position is a former employee with decades of experience in a position that involves more skill and higher pay. You end up deciding to hire another younger applicant, concluding that the former employee is overqualified and will not be satisfied […]
Is Telling Someone You Want to Maximize Longevity a Bad Idea?
Posted on May 24, 2017
the situation A 60 year old man applies to be a General Manager of a restaurant after spending over twenty years in the restaurant industry, a number of which were served in a managerial capacity. After interviewing the applicant over the phone, the hiring manager decides to bring him in for a face-to-face interview with […]