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Supreme Court Watch, Reginald Oh
Supreme Court Watch, Reginald Oh
Law Faculty Articles and Essays
Oh discusses how the U.S. Supreme Court, in General Dynamics Land Systems, Inc. v. Cline, 124 S. Ct. 1236 (2004), settled a circuit court conflict over the viability of "reverse age discriminations" claim under the Age Discrimination in Employment Act (ADEA). The Court, in a 6-3 decision, held that statutorily protected workers over the age of forty may not bring an ADEA claim alleging that their employer discriminated against them in favor of older employees.
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Law Faculty Articles and Essays
Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.