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• The Long Reach of the Cat's Paw ( July 2004 )
  Douglas B. M. Ehlke of Ehlke Law Offices

  Fired employees can sue for wrongful discrimination even if their employer's actual decision makers were neutral and without discriminatory intent. This may happen when decision makers rely on misinformation submitted by a supervisor or high-level manager with an illegal discriminatory bias or motive to get rid of the employee.

• ERISA Discrimination Claims May Complicate an Age Claim ( July 2005 )
  Benjamin A. Escobar of Beirne, Maynard & Parsons, L.L.P.

  Section 510 of ERISA provides an employee with protection against two types of conduct: adverse action because a plan participant has availed himself of an ERISA right or adverse action to interfere with attainment of an ERISA right. Consequently, the section provides protection, regardless of whether the claim is based on existing or prospective rights under a plan.

• March 2004 Benefits Brief (Vol. 17, No. 2) ( March 2004 )
  Nixon Peabody LLP

  Contains articles on retirement income policy, fiduciaries under attack per an Enron antidote, and the Supreme Court saving benefits plans from "reverse discrimination" claims.

• February 2004 Benefits Alert: Supreme Court Saves Benefits Plans from "Reverse Discrimination" Claims ( February 2004 )
  Nixon Peabody LLP

  In a closely-watched case, the Supreme Court has held that an employer may provide benefits to a select group of older employees while not providing the same benefits to a similar group of younger employees even though the younger employees are also protected by federal age discrimination laws. A lower court decision to the contrary had threatened long-standing employer practices of grandfathering older employees from adverse changes in benefits plans and of offering early retirement incentives only to older employees.

• Certain Evidence In Age Discrimination Cases Found Improper by Court of Appeals ( August 2000 )
  Ryan  Griffitts of Thompson, Coe, Cousins & Irons, LLP

  This article reviews Wyvill vs. United Companies Financial Corp. whereby the Fifth Circuit Court of Appeals outlined certain types of evidence that should not be admitted against employers in age discrimination cases.

• The Truth Shall Set You Free, But Fib and You May Fail ( August 2000 )
  Angella Renee Hebert of Thompson, Coe, Cousins & Irons, LLP

  This article reviews Reeves vs. Sanderson Plumbing Products, Inc. whereby the Supreme Court held that a plaintiff might succeed if the employer?s reason for termination is not believed. In other words, if an employer is not honest when firing an employee, discrimination may well be the most likely alternative, especially since the employer is in the best position to put forth the actual reason for its decision.

• Do Your Employee Benefit Plans Comply with Federal Discrimination Laws? ( November 2000 )
  Michelle E. Coburn of Thompson, Coe, Cousins & Irons, LLP

  This article reviews a recent U.S. Equal Employment Opportunity Commission's Enforcement Guidance on Employee Benefits which held many employers may violate federal discrimination laws due to an employee receiving lower benefits or is denied benefits based on a protected classification, such as age, gender, disability, or race.

• What You Should Know About Age Discrimination In The Workplace ( October 2000 )
  Mansfield, Tanick and Cohen, P.A.

  Age discrimination is one of the fastest growing fields of law. This growth is attributable to the increasing numb.

• U.S. Supreme Court Clarifies Evidence Needed To Sustain Jury Verdicts in Employment Discrimination Cases ( July 2000 )
  Bodman LLP

  In Reeves v Sanderson Plumbing Products, Inc (June 12, 2000), the U.S. Supreme Court, in a unanimous opini.