Law360 interviews age discrimination lawyer Eric Bachman about company layoffs that discriminate against older workers

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Age discrimination lawyer and Bachman Law founder Eric Bachman was interviewed by Law360 about the potential legal implications of a recession. More specifically, that companies sometimes use a bleak economic forecast as a cover for firing someone for an illegal reason, like because of their age, gender, race, sex or other protected characteristic.

According to the article, “Experts said company leaders need to be mindful of these requirements ahead of time, as the data they compile can spotlight problems. ‘Sometimes you see that everybody a company has laid off is over the age of 50, and it becomes pretty stark,’ said Bachman of Bachman Law.”

“While the plaintiff-side lawyer said it’s not an ace-in-the-hole in an age discrimination lawsuit, he said it can serve as an early alert system that something isn’t right.”

Legal framework for age discrimination claims

To prove that you have been illegally discriminated against in a layoff/reduction-in-force case, an employee must show that the employee:
  • (1) was in a protected class,
  • (2) was discharged,
  • (3) was performing satisfactorily at the time of discharge, and
  • (4) persons outside the protected class were retained in a similar position or that there was some other evidence that the employer did not treat age neutrally in deciding to dismiss the plaintiff. 

See Jordan v. Radiology Imaging Assocs., 577 F. Supp. 2d 771, 782–83 (D. Md. 2008) (quoting Herold v. Hajoca Corp., 864 F.2d 317, 319 (4th Cir. 1988)).

ADEA lawyer; age discrimination lawyer; Bachman Law; Eric BachmanThe employer must then show a legitimate reason for the taking the employment action. In response, an employee can show by preponderance of the evidence that the legitimate reasons offered by the employer were not its true reason, but were a pretext for discrimination.

Approximately 1 in 5 discrimination charges received by the Equal Employment Opportunity Commission (EEOC) are age discrimination claims, and in 2020 the EEOC received over 14,000 age discrimination charges.

About Bachman Law

Bachman Law provides one-on-one, resolute, and results-oriented representation for executives facing employment discrimination and whistleblower retaliation. Our goal is for each client to receive custom-tailored advice and individual attention from a highly experienced employment law litigator who has encountered a broad spectrum of employment discrimination and whistleblower retaliation scenarios. Clients will speak directly to a seasoned partner with over two decades of practicing employment law who will navigate the client every step of the way toward the best possible result.

What sets Bachman Law apart is our focus on three fundamental principles: judgment borne by experience, unwavering dedication, and results.

Our key practice areas in employment discrimination and whistleblower retaliation focus on:

Before founding Bachman Law, Bachman was a partner in two boutique employment law firms in Washington, DC, and also served in senior positions at the Department of Justice Civil Rights Division and the U.S. Office of Special Counsel (OSC). His wins include a $1.3 million jury verdict in an individual employment discrimination case (tried with co-counsel), a $100 million settlement in a Title VII employment discrimination class action while at the DOJ, and a record-setting Whistleblower Protection Act settlement at OSC.

 If you have experienced workplace discrimination or whistleblower retaliation, call a top rated employment attorney at (202) 769-1681, or start your preliminary consultation online.

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