Ageism is hard to prove

I was researching the possibility of an ageism lawsuit, and ran into this article. It's a good read, if somewhat discouraging.

https://www.nytimes.com/2017/08/07/business/dealbook/shown-the-door-older-workers-find-bias-hard-to-prove.html?mcubz=0

One of the points from the article:

And a 2009 Supreme Court ruling has made proving age discrimination more difficult legally. In a case brought by the insurance executive Jack Gross, who was among a dozen employees who were demoted, the court overturned an initial ruling favorable to him and imposed a tougher legal standard.

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Contact the EEOC. You must make a claim with the EEOC before you can do anything else.

Then contact attorneys who specialize in age discrimination layoff cases.

Some contracts (like those signed as part of a severance package) may not hold up to a court challenge.

Age discrimination in layoff situations is illegal.

https://www.avvo.com/ask-a-lawyer

the other problem is that if you want your severance, you have to sign away any rights to sue later. So most people might make the calculation of taking the safe/sure thing vs going up against the Nike legal machine. It would be great if a lawyer could chime in and give those of us who are in this boat some advice before it's too late.

We sue, they settle

Check out this hashtag here on thelayoff.com:

#AgeDiscrimination

I understand the most common wrongful termination claim against Nike has been and continues to be age discrimination. Many of these claims have merit, but it's hard to litigate against a big corporate giant so these are often settled or dropped. When settled, confidentiality is typically a term of the settlement - so nobody hears about the claims.

Thread regarding Nike Inc. layoffs

Ageism is hard to prove

6 replies (most recent on top)

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