FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Waddya Think? Is The Word “Elderly” Offensive and Ageist?

Words are important; designations and characterizations are important. What people are called is important – for many reasons. Readers know that I collect, among other things, words and comments directed to or describing older workers that are coded ageist comments. Just the other day I summarized a few years’ worth of such coded language: “Perhaps some…
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THE NEXT #METOO MOVEMENT?

It’s the last acceptable discrimination. Two years ago I posted that the forever young Dick Van Dyke, who was then 90 (OMG!), talked about age discrimination, what he called “The last acceptable discrimination.”  He noted that he was told by a salesperson at a Tommy Hilfiger store that “I don’t think you’ll find anything you like here,” and…
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“In China, They Put Women Out To Pasture at Your Age”

I probably don’t need to tell readers about my penchant for collecting cases in which older employees are the object of ageist comments in the workplace. That is, all the different names, expressions, and epithets to which such employees are referred as a proxy for “old.” “For example, you do not call an employee ‘old’…
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We Cannot Hire You Because We Have To Maximize Longevity

Guess what this post is about? It’s been awhile since I’ve seen a new code word or phrase for age discrimination.  A newly-filed EEOC suit gives me the opportunity to recap my collection of such words and phrases. The EEOC just sued a Florida restaurant under the Age Discrimination In Employment Act (“ADEA”), alleging that it…
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Is The “Product” Of Affirmative Action Presumptively “Incompetent?”

In the aftermath of the Supreme Court’s decision upholding the U. of Texas affirmative action plan, I wanted to post a reader’s comment. In my “Alert” last week I quoted Reuters which had just reported that “The U.S. Supreme Court on Thursday upheld the practice of considering race in college admissions, rejecting a white woman’s challenge to a University…
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67-Year Old Employee A “Carry Out” – He Will Pass Away On The Job

As you likely know if you are a reader, I “collect” direct and indirect evidence of age discrimination.  That is, with a zeal and laser-like focus not usually found in attorneys my age (joking!), I search for and post about the different language used by employers to refer to their employees “of a certain age.” …
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“Clever Men May Easily Conceal Their Motivations” – Leopards, Superman, Kipling and Coded Language

“As we have recognized, ‘clever men may easily conceal their motivations.’”   Just so.   This line was taken from a federal appeals court decision, and quoted in a recent race discrimination employment case. The issue?  Whether the expression “A leopard does not change its spots” is code for racial animus. Ok, that accounts for the leopard reference in the title; but where…
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New Digital Platforms: Answer To Workplace Harassment?

Some interesting things have come out of the recent public meeting of the EEOC’s Select Task Force on the Study of Harassment in the Workplace (“STF”), where workplace experts testified. I found three points most compelling, one of which was novel to me. The EEOC was told that “new digital platforms may provide meaningful ways…
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There Are "Too Many Old, Fat, Ugly And Gray-Haired Employees!"

Just when I was through harping about health care facilities being the target of EEOC suits under the Americans With Disabilities Act, along come a couple of new EEOC lawsuits about my next favorite topic to write about: ageist epithets or what I have called “code words” as evidence of age discrimination. I tells ya there…
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RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.

Richard Cohen Fisher Broyles

AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.

Amy Gluck Fisher Broyles