Employment Discrimination Litigation: Given Our Aging Jury Population, How Do You Counter Age Discrimination Claims Brought by Employees Over 50 Years of Age?

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Peter M. Panken, Member of the Firm, will join a panel discussion, "Given Our Aging Jury Population, How Do You Counter Age Discrimination Claims Brought by Employees Over 50 Years of Age?" at American Conference Institute's 3rd Annual Forum on Defending and Managing Employment Discrimination Litigation, which runs from July 30 to 31.

Topics include:

  • The sympathy factor: Overcoming the problem of juror sympathy for older workers because their parents or contemporaries are potential victims
  • Planning for and dealing with age statistics in reductions in force
  • Determining whether replacement with a lesser cost employee is a defense to an age discrimination charge
  • The number of age discrimination charges (under the ADEA) brought before the EEOC have grown significantly in recent years relative to other discrimination claims — what are the preventive employment practices that should be practiced with this key trend in mind?
  • Disposing of "pretext" arguments
  • Defending against disparate impact claims, given that the standard "reasonable factor other than age" laid down by the Supreme Court has not been well defined in case law or regulations
  • Clarifying ambiguities relating to mandatory retirement policies
  • Assessing the impact of the gross "but for" standard on intentional discrimination claims

For more information, visit the ACI website.