Modern medicine and technology are allowing humans to live longer, healthier lives. The result is the number of workers remaining in the workforce into their older years is on the rise. In December 2013, the Bureau of Labor Statistics projected that by the year 2022, 31.9% of workers ages 65-74, traditional retirement age, will still be working. That would mark an over 10% increase since 2002, when 20.4% of workers from that age group remained in the workforce. Despite millennials entering the labor market in large numbers, the median age of U.S. workers is expected to rise from 41.9 years old in 2014 to 42.4 years old by 2024. As the labor force ages, the number of age discrimination claims under both federal and state law is likely to rise, and older workers need to be aware of certain aspects of Ohio’s age discrimination laws that are neither intuitive nor obvious.
I’m happy to report I “won” my recent case before the Ohio Supreme Court. I put “won” in quotation marks because the Court did not make a decision on the merits. It concluded what I had believed from the time it first accepted jurisdiction of the appeal–that this was not the appropriate case to decide the proposition of law the appellant proposed. After all of the briefing and the oral arguments before the Court, it simply concluded, “This cause, here on appeal from the Court of Appeals for Warren County, was considered in the manner prescribed by law. On further consideration thereof, this cause is dismissed, sua sponte, as having been improvidently accepted.” So, the decision of the Court of Appeals stands, and my client wins.