In this 16th edition of Age Discrimination Litigation, you receive new and updated text on a broad range of topics, from filing suit to summary judgment. The highlights include: NEW SECTIONS Trends in Age Discrimination Charges and Litigation Employer Defined — Native American Tribes and Immunity Exceptions Permitting Mandatory Retirement Pay Discrimination EEOC Online System and New Inquiry Form Replace Holowecki Intake Questionnaire EEOC’s Public Portal for Charges REVISED, UPDATED and EXPANDED COVERAGE Trends in Supreme Court ADEA decisions Comparing ADEA and Title VII — differences in methods of proof and remedies Proving the employer meets the twenty-employee threshold Employer defined Sovereign immunity issues §1983 claims Establishing a prima facie case of hostile work environment The foreign workplace defense Interacting with the EEOC Dismissals and notices of right to sue Admissibility of cause determinations Federal employee complaint procedures — mixed case complaints Direct vs. indirect methods of proving disparate treatment Gross v. FBL Financial Services, Inc. should not apply to federal employees’ ADEA claims Evidence of discriminatory motive: Ageist comments vs. stray remarks Standards for subordinate bias liability (aka “cat’s paw” or “rubber stamp” liability) Statements by non-decision-makers Comments about retirement Treatment of comparators Proving discrimination based on age plus another protected trait Strategies for effectively opposing summary judgment
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