Age-Discrimination Suits Often Unsuccessful: Legal Counsel

The Queens age-bias filings show 33 in 2001 so far, 53 in 2000 and 77 in 1999. But EEOC had no word on how many actions were successful.
However, Hans said the success record was dispiriting.
"Age discrimination is the hardest of the discrimination cases to prove," Hans said. "We find that the great majority of the cases are dismissed by the judge."
Hans said that he turns down approximately 80 percent of would-be claimants coming to his office because the cases dont meet the test of age-discrimination.
"The test is to get by the judge and take the case to a jury," he said. "Juries usually have the experience to know if an employer has discriminated against an older worker."
Hans said he implements a "smell test" when interviewing prospective clients
Hans said the age discrimination laws favor employers.
"If the company can show the layoff was due to economic reasons in this age of recession," he said, "then the likelihood is the judge will find for the employer."
The EEOC report shows a sharp reversal of a downward trend. When the economy began to sag last year, more than 16,000 people filed age-discrimination complaints with EEOC.
A key reason for the job cutbacks that have spurred the age-bias complaints is the poor performance of the financial services sector, a traditionally large-scale employer in New York City.
One bright spot in the job layoff sector is the improvement in severance packages, with frequent offerings of "golden parachutes."
"Theres been a real increase over the last decade of negotiations over severance," said Kristan Peters, a management-side employment attorney in Manhattan. "Companies are firing more than they used to 30 years ago and people are changing jobs more than they did 30 years ago."