Age Discrimination Claims on the Rise: Avoiding and Defending EEOC Charges and Private Lawsuits

Minimizing Liability Exposure During Hiring, Compensation and Employee Benefits Decisions, Performance Evaluations, Layoffs, and More

*** This program has been cancelled ***

A live 90-minute CLE webinar with interactive Q&A

Wednesday, June 28, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 2, 2017

This CLE webinar will examine the latest legal developments involving age discrimination claims against employers and discuss proactive strategies for employers to avoid claims. The panel will also discuss strategies for defending age discrimination claims, including discovery tactics, effective use of experts and statistical evidence, and damages mitigation.


The Age Discrimination in Employment Act (ADEA) celebrates its 50th anniversary in 2017, and the EEOC has stated its intention to make enforcement of the ADEA a priority this year. During the last fiscal year, 22.5% of all EEOC charges were age discrimination claims, resulting in $99.1 million in monetary damages for claimants.

The Karlo v. Pittsburgh Glass Works decision issued by the Third Circuit in Jan. 2017 expanded the protections of the ADEA to a subgoup of older workers, creating a circuit split and increased liability exposure for employers.

Age discrimination may occur during hiring, compensation and employee benefits decisions, performance evaluations, promotions, layoffs, and terminations. Recently, enforcement bodies have targeted the use of online application processes by employers as discriminatory against older workers.

A thoughtful and proactive approach to dealing with age in the workplace is an employer’s best defense against a potential lawsuit. Employment counsel should advise employers on policies, procedures and best practices that will help minimize exposure to age discrimination claims.

When faced with EEOC charges or private litigation alleging age discrimination, counsel defending employers must make strategic choices regarding information to present to the EEOC or court, effective discovery tactics, the use of experts and statistical evidence, and how to mitigate damages.

Listen as our authoritative panel discusses recent legal developments involving age discrimination claims, the types of employment decisions that are ripe for age discrimination claims, and strategies to avoid and defend lawsuits alleging violations of the ADEA and related laws.


  1. Recent legal developments involving age discrimination claims
  2. Best practices to minimize EEOC charges and lawsuits
  3. Strategies for defending against EEOC charges and lawsuits
    1. Discovery tactics
    2. Use of experts
    3. Use of statistical evidence
    4. Damages mitigation


The panel will review these and other key issues:

  • What types of employment decisions are most vulnerable to claims for age discrimination?
  • What steps can employers and their counsel take to reduce their exposure to age discrimination claims?
  • What are some effective strategies for employment counsel when defending EEOC charges or private lawsuits alleging age discrimination?


Heather R. Boshak, Partner
Fox Rothschild, Morristown, N.J.

Ms. Boshak focuses her practice on employment litigation, representing employers throughout the U.S. in federal and state courts and in various administrative tribunals. Her broad range of litigation experience includes the representation of employers in cases—including class actions—alleging wage and hour, sexual harassment, race, national origin, gender, disability and age discrimination, breach of contract, violations of public policy and tort claims. In addition, Ms. Boshak regularly provides counseling to employers on compliance with various state and federal employment laws and regulations.

Lauren M. Levine, Partner
Garfunkel Wild, Great Neck, N.Y.

Ms. Levine represents clients in a wide variety of commercial and business disputes through all phases of litigation. Her practice also focuses on employment law, defending clients against various types of employment claims including age, race, gender, national origin and harassment, as well as claims under the Americans With Disabilities Act, Fair Labor Standards Act, whistleblower laws, breach of employment contract and defamation.

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June 2, 2017
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I thought the program was very informative--even to an experienced practitioner.

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