Age bias charges surge as firms shed workers

When Mona R. Saunders, 54, 1.was 1. __________ last year from her 18-year job at law firm Crowell &

Moring L.L.P. in Washington, she did not go quietly. In a 2.____________ seeking $300,000 filed in July in

District of Columbia Superior Court, the former researcher accused the law firm of 3._________________

and retaliation for a previous 4.________________ with the U.S. Equal Employment Opportunity

Commission. In the suit, Ms. Saunders argues she was 5.____________ three times and never had

performance issues until a new supervisor was hired in 2005, and the only reason the supervisor cited in

firing Ms. Saunders in July 2008 was that she was not a “good fit” for the firm.

As layoffs have abounded during the recession, observers say employers should brace themselves for more

6.________________. This will be exacerbated by the large percentage of 50 and older

7.________________ in the population, and what observers say is many older workers' attitude that they

have little to lose by 8.________________. Employees 40 and older are protected by the Age Discrimination

in Employment Act of 1967 and by the Older Workers Benefit Protection Act of 1990. ADEA protects job

applicants and employees older than 40 from age discrimination; the OWBPA amended the ADEA to

specifically prohibit employers from 9.____________________.

According to the EEOC, the number of 10.__________________ filed by employees in fiscal year 2008

increased 28.7%, to 24,582, from fiscal 2007. They accounted for 25.8% of all charges filed with the EEOC

in fiscal 2008, behind race, sex and retaliation claims.

Observers said they expect 11.______________ of age discrimination suits to increase more this year. “You

sort of have the perfect storm of things going on here,” said Philip K. Miles III, an associate with law firm

McQuaide Blasko in State College, Pa. “You have, first of all, an aging workforce” combined with “the huge

economic downturn that we've been experiencing for the last couple of years.” Layoffs “usually result in more

age claims than anything else,” as firms seek 12._____________, which “often equates to seniority, which

then equates to age,” said Gregg M. Lemley, a shareholder with Ogletree, Deakins, Nash, Smoak & Stewart

P.C. in St. Louis. Furthermore, he said, the economy's hit on employees' stock portfolios means people who

might have retired voluntarily are working longer and 13._________________ instead. To some extent, it's

“just because there's more people in their 50s and 60s and even into their 70s who are

14._______________, so we have that baby boomer generation reaching retirement,” said Dennis Westlind,

an attorney with law firm Stoel Rives L.L.P. in Portland, Ore. Common sense helps deal with this issue, said

Richard D. Tuschman, an attorney with Epstein Becker & Green P.C. in Miami. He said he has seen

15.____________ in which plaintiffs allege comments such as, “You're too old for this job.” Employees

should be trained “that such discriminatory attitudes won't be tolerated in the workplace,” he said. Employers

“need to 16._____________ that their policies and procedures are applied consistently, and especially that

performance issues are well-documented,” Mr. Westlind said.