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Sixth Circuit Finds No Age Discrimination Based on Worker's Termination 6 Weeks Prior to Pension Vesting
The Third Circuit has held that where an employer proffered legitimate, non-discriminatory reasons for an employee's discharge, its termination of that employee 6 weeks before her pension vested was not a pretext for age discrimination prohibited by the Age Discrimination in Employment Act, 29 U.S.C. ' 621, et seq., (ADEA). Leyva v. Computer Sciences Corporation, 2006 WL 542526 (March 7).
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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