There are some fundamental requirements in United States jurisprudence. There are some things we just do not do as a matter of fundamental due process. One of those things we do not do is ask minors to make important legal decisions. Yet, that is exactly the slippery slope upon which the Trump administration has embarked.
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What Can an Employer Ask in a Job Interview?
A recurring question is what can an interviewer can ask in a job interview. Here are some things to consider…… or not.
1. How old are you? Be very careful about asking this question. There are very few jobs where age is an appropriate question for a job interview. If asked at the wrong time,…
HR Head of Dallas ISD Resigns
Some folks think discrimination is over. They believe there is no more “true” bias among us, these days. Well, that is not true. The Dallas Independent School District has demonstrated that bias among upper management is still with us. The head of the Dallas ISD Human Resources department has resigned, as has one of her…
Discrimination Cases Present Many Obstacles
Courtesy of creationc
Employment cases are exceedingly difficult, with numerous deadlines and traps for the unwary. We see some of these traps in the case of Prewitt v. Continental Automotive, No. 12-CV-582 (W.D. Tex. 8/28/2014). In this case, Larry Prewitt alleged that he had been terminated due to several reasons: race discrimination…
EEOC Filings Rise
Filing charges of EEOC complaints has reached an all-time high. Though just a small increase over 2010, the filings reflect the state of the economy. Filings generally rise when the economy worsens. That is due, I believe, to employers taking advantage of the economic "cover" to get rid of employees and more terminations simply cause…
Fifth Circuit Recognizes Hostile Work Environment Claims Under the ADEA
The Fifth Circuit has recognized that a hostile work environment claim can exist under the Age Discrimination in Employment Act. The Fifth Circuit has never reached such a conclusion before now. In Dediol v. Best Chevrolet, Inc., the Federal appellate court reversed a grant of summary judgment in favor of the employer.
The Court…
Older Worker Benefit Protection Act Meets a Need
The Older Workers’ Benefit Protection Act (OWBPA) was passed in 1990 as an amendment to the Age Discrimination in Employment Act. The OWBPA provides that for an older worker to sign a binding waiver of claims, the employer must include a provision that the worker has 21 days in which to sign the waiver and 7…
Shifting Reasons Still Help Show Pretext
Many times, an employee comes to see me and asks me how strong his/her case is. Often, i do not know. It is hard to gauge the strength of a case until we know the reasons used by an employer for a questionable adverse personnel action. Indeed, sometimes those reasons change over time.
In…
Former Lawyer Still Looking for Work
It is always harder to find a job when you reach a certain age. A female lawyer, almost 60, has submitted 1,000 applications and has yet to find a job. According to the ABA Journal report, she has applied for everything from day care worker to clerk. The former shopping center lawyer was laid…