Refusal of an Unconditional Offer of Reinstatement The employer may cut off back-pay liability by showing that the plaintiff received an unconditional offer and that the position is substantially equivalent to her former position, but the employer can’t predicate the reinstatement offer based on the Plaintiff agreeing to drop the case. See Ford Motor, 458 […]

EEOC’s reg, at 29 C.F.R. §1626.18 : (a) An aggrieved person may file a civil action against the respondent named in the charge in either Federal or State court under section 7 of the ADEA. (b) An aggrieved person whose claims are the subject of a timely pending charge may file a civil action at […]

Defendant’s argument that Plaintiff’s claims should be dismissed because she did not engage in a protected activity is directly contradicted by the Supreme Court’s recent holding in Thompson v. North American Stainless, LP, 200 U.S. 321 (2011).  The Supreme Court held that an individual can state a cause of action for retaliation, even if they […]