In 1990 Congress enacted the Older Workers Benefit Protection Act (OWBPA) out of concern that employees terminated as part of a Reduction in Force (RIF) did not fully understand the rights they were giving up in exchange for the payment of severance benefits. Under OWBPA, a severance agreement entered into with a terminated employee over… Continue Reading
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Trouble Begets Trouble
Posted in Age Discrimination, Human Resources Compliance, Litigation and Trials“University of Iowa College of Law” “age discrimination” lawsuit retaliation professor… Continue Reading
Recent 8th Circuit Case Likely to Encourage Continued Migration of Age Discrimination Claims to State Court
Posted in Age Discrimination, Litigation and TrialsWe have discussed in this blog before the migration of discrimination claims to Iowa state courts rather than federal courts. The trend is driven by a number of factors, including the recognition in 2005 of the right to a jury trial under the Iowa Civil Rights Act (ICRA) and the greater propensity of federal courts… Continue Reading
Whatever Happened to…Jack Gross?
Posted in Age Discrimination, Litigation and Trials, U.S. Supreme CourtRemember Jack Gross? Back in 2003 he claimed a demotion from his management job at West Des Moines based FBL Financial Services constituted age discrimination. A federal jury in the Southern District of Iowa agreed and awarded him $47,000 in damages. From there his case had a remarkable journey: first stopping in St. Louis at the Eighth Circuit,… Continue Reading
Eighth Circuit Once Again Reviews Age Discrimination Burden of Proof–This Time Under ICRA
Posted in Age Discrimination, Litigation and TrialsAge discrimination cases tried in the Southern District of Iowa continue to generate controversy over how juries should be instructed about the plaintiff’s burden of proof. First it was Gross v. FBL Financial Services, Inc., tried in the Southern District and ultimately decided by the U.S. Supreme Court in June 2009. Then it was the… Continue Reading
Gross v. FBL Remand: Eighth Circuit Considers Additional Issues
Posted in Age Discrimination, Litigation and Trials, U.S. Supreme CourtOn November 30, 2009, the U.S. Court of Appeals for the Eighth Circuit issued an opinion on the remand of Gross v. FBL Financial Group, Inc. We have discussed the Gross case in several previous posts (here, here, and here). The case has particular local interest because it was tried in the Southern District of Iowa, appealed… Continue Reading
An Interesting Interview with Jack Gross
Posted in Age Discrimination, U.S. Supreme CourtDes Moines Register columnist Marc Hansen writes about an interview he had with Jack Gross, the plaintiff in Gross v. FBL Financial, Inc., decided by the U.S. Supreme Court last June. Mr. Gross was in Washinton, DC last week to testify before the Senate Judiciary committee that is considering amendments to the ADEA that would effectively overrule the Gross decision. … Continue Reading
Weekly Web Roundup: October 2, 2009
Posted in Age Discrimination, Human Resources Compliance, Social Networking, Wage and HourMore signs this week that the federal government is ramping up enforcement of employment laws. The Department of Justice Civil Rights Division is seeking a $22 million budget increase for 2010, and is seeking to hire 50 new attorneys. Law Memo Employment Law Blog reports that the EEOC has been very active recently in filing lawsuits. The Agency filed 32 lawsuits against employers… Continue Reading
Iowa Case Changes the Age Discrimination Landscape–At Least for Now
Posted in Age Discrimination, U.S. Supreme CourtOn June 18 the United States Supreme Court issued its opinion in the case of Gross v. FBL Financial Services, an age discrimination case arising out of Iowa. We first reported on the Gross case when the Court heard arguments a couple of months ago. Since the decision was issued, many commentators have opined that… Continue Reading
Layoffs and Age Bias
Posted in Age DiscriminationConventional wisdom in the world of layoffs and reductions in force has held that older workers are more at risk for layoff because they generally earn higher salaries than their younger colleagues. However, in this downturn, employers’ concern about the high cost of age bias claims may have put the jobs of younger workers more at… Continue Reading
U. S. Supreme Court Hears Arguments in Iowa Age Bias Case
Posted in Age DiscriminationThe United States Supreme Court has been very active recently in hearing employment law cases, and this term is no exception. In fact, just last week, the Court heard oral argument on what has become a closely watched age discrimination case that arose in Iowa. Gross v. FBL Financial Services, Inc., which was tried in Des… Continue Reading