Releases can minimize litigation arising from a reduction in force; but in order to withstand legal challenge, a release program should comply with the ADEA
Article Abstract:
Employees must give releases of claims in reduction in force programs knowingly and voluntarily and must receive benefits in addition to those they would normally get. Only if these conditions are met will the releases qualify under the Age Discrimination in Employment Act of 1967 . The Older Workers Benefit Protection Act also gives conditions for releases. Most circuit courts have used a 'totality of the circumstances' test in judging the legality of such releases. The US Court of Appeals for the 6th Circuit case of Adams v. Philip Morris, Inc. is discussed as an example.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Rigid labor laws arrest cooperation
Article Abstract:
Federal law prohibits innovative companies from involving employees in major decisions affecting the employees, unless the latter are part of a union. This institutionalizes adversarial relations and outlaws the structures some 30,000 companies have established to improve conditions and improve the bottom line. The Donnelly Corp, often praised for its labor practices, is charged by the Natl Labor Relations Board with such a violation. Bills now in Congress would address this issue, but are likely only to complicate it.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Appearance codes often pass muster; but standards that relate to immutable characteristics, disabilities and religious beliefs may violate federal or local laws
Article Abstract:
Issues concerning the courts' reactions to employers' dress codes are discussed, and the courts are more likely to uphold such codes when based on a clear, nondiscriminatory rationale supported by concrete facts. Such rationales may include safety concerns and an employer's public image.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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