Age Discrimination in the Legal Profession (OnDemand)

Originally held on Monday, June 6, 2022 | 12:00 pm – 1:30 pm

Register for the OnDemand

Program Chair:
Michele A. Coyne
Kauff McGuire & Margolis LLP

  • This program will primarily address two potential sources of age discrimination claims in the legal profession:

    • Whether a cap on years of experience for applicants violates age discrimination laws; and
    • Under what circumstances do mandatory retirement policies violate prohibitions on age discrimination

    Program Fee:
    $99 For Members | $199 For Nonmembers

  • Michele A. Coyne
    Kauff McGuire & Margolis LLP

    Jeffrey Burstein
    Regional Attorney, New York District, EEOC

    Brian Heller
    Schwartz Perry & Heller LLP

    Katherine Greenberg
    Assistant Commissioner, Law Enforcement Bureau, New York City Commission on Human Rights

  • 12:00 pm – 12:05 pm
    Introduction of Panelists & Program Overview

     

    12:05 pm – 12:15 pm
    Litigating Age Discrimination Claims in General

    • Age Discrimination in Employment Act Claims
      • EEOC Process
      • Bases for Liability
      • Burdens of Proof
      • Remedies
    • Differences in Legal Standards and Administrative Process
      • New York State Human Rights Law Claims
      • New York City Human Rights Law Claims

     

    12:15 pm – 12:50 pm
    Years of Experience in Job Postings

    • Examples of law firm descriptions of experience levels
      • Ranges of years of experience (e.g., “two to four years of experience”)
      • Other descriptors of experience (e.g., “entry level”, “junior associate”)
      • Rejecting candidate as “over-qualified”
    • The EEOC Compliance Manual
      • Section 1A (3) (“An employment action based solely on an individual’s years of service constitutes disparate treatment under the ADEA where years of service is a proxy for age.(31) Such an action may also be unlawful if it has a disparate impact based on age.”
      • Section 632.2 of the EEOC Compliance Manual, provides examples of postings
    • Other agency guidance
    • Relevant caselaw
    • Examples of permissible job postings

     

    12:50 pm – 1:20 pm
    Mandatory Retirement Policies

    • Review of common law firm policies around mandatory retirement
      • Purposes of such policies
      • Typical policies
    • Definition of employee under applicable laws
    • Impact of partnership agreements and other arrangements
    • Prohibition on age discrimination, New York Rules of Professional Conduct, Rule 8.4(g)
    • New York State Bar Association, Report and Recommendations on Mandatory Retirement Practices in the Profession, January 2007

     

    1:20 pm – 1:30 pm
    Question and Answer Session

  • New York: 1.5 Professional Practice
    New Jersey: 1.8 General
    California: 1.5 General
    Pennsylvania: 1.5 General

  • Sponsoring Association Committee:
    Labor & Employment, Tracey Salmon-Smith, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org

Register for the OnDemand

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