Lawyer Monthly Magazine - April 2019 Edition

ABOUT STEVEN SIEGLER Steven Siegler is an experi- enced New York City, New Jersey and Pennsylvania em- ployment attorney at Phillips & Associates. Many of the matters that he handles relate to dis- crimination on the basis of traits such as race, gender, age, and disabilities, while he also han- dles issues related to severance packages and executive com- pensation. CONTACT Steven Siegler www.newyorkcitydiscrimina- tionlawyer.com An employee can also prove a case of age discrimination by showing that the employer’s stated reason for taking an adverse action against him or her was false and that the true motivation was age. For instance, if an employer terminates an older employee for poor job performance, the employee can rebut that reason by providing positive performance appraisals. However, the employee must also come forward with additional evidence, either direct or indirect, that his or her age was the motivating factor. It is not enough to show that the employer’s reason was incorrect or unfair. If you choose to sue for age discrimination, what is the process like and what are the usual outcomes? The litigation process for age discrimination cases largely depends on the venue in which the case is initiated. In federal court, litigants can expect a fast start to the case, a shortened discovery process, and aggressive case management by the court. However, once the case reaches the summary judgment stage, it may take many months or even years for the court to decide whether the case reaches a jury. In state court, litigants and their attorneys will have longer discovery periods and less case management. However, busy state court dockets mean that some cases take years to reach trial. With respect to outcomes, age discrimination cases have outcomes similar to other types of discrimination claims. The vast majority of claims are resolved by either settlement or dismissal before they go to trial. Early settlements are encouraged by both federal and state court systems, some of which have mandatory mediation programs for employment discrimination claims. How does age discrimination cases compare to other forms of discrimination? For e.g. Is it often dismissed as ‘less important’, etc.? From the perspective of a plaintiff’s employment lawyer, age discrimination claims are just as important as other types of discrimination claims. While these cases often lack the shocking fact patterns of, for example, sexual harassment cases, the stakes for the victims of age discrimination are just as high. Imagine that you are five years from retirement and you are relying on those last five years to build up your pension. Suddenly, you are fired due to age discrimination. In an instant, your entire future is thrown into chaos. Who will hire you now that you are 55 or 60 years old? How will you survive the next few years and make it into retirement? The eradication of age discrimination is an important societal goal and one that we, as employment attorneys, take very seriously. Do you think there is room for reformation and change in this area? I would like to see the ADEA amended to remove the age 40 requirement, so that younger employees who experience discrimination based on age may also seek a federal remedy. www. lawyer-monthly .com 81 Expert Insight APR 2019