Originally held on Monday, June 6, 2022 | 12:00 pm – 1:30 pm
Michele A. Coyne
Kauff McGuire & Margolis LLP
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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 LLPJeffrey Burstein
Regional Attorney, New York District, EEOCBrian Heller
Schwartz Perry & Heller LLPKatherine Greenberg
Assistant Commissioner, Law Enforcement Bureau, New York City Commission on Human Rights -
12:00 pm – 12:05 pm
Introduction of Panelists & Program Overview12:05 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
- Age Discrimination in Employment Act Claims
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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, ChairSponsorship Opportunities are Available! Please Contact:
Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org