How to Manage Your Aging Workforce

Anne H. Williams, Attorney

The Age Discrimination in Employment Act (ADEA) is far too complex and critical to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports. Now there's a rich resource to help you fully understand and comply with this complicated law.

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About the Report
Employers are recognizing the advantages of an older workforce:
more experience, maturity, and often a better work ethic. Unfortunately, American businesses are also becoming increasingly vulnerable to age discrimination suits as employers become more reliant on younger workers who grew up in the computer age.

Don't get caught off-guard. Learn how to protect your organization by reading How to Manage Your Aging Workforce, written by attorney Anne H. Williams.

This in-depth report will highlight critical issues that you need to be
aware of when dealing with older workers, including:

• Federal laws governing claims of age discrimination
• Rules to follow when hiring or firing older workers
• The many exceptions that apply to the rules governing age discrimination
• The requirements of the Older Workers Benefit Protection Act (OWBPA)
• Instituting a reduction-in-force without subjecting your company to legal liability
• Structuring severance plans and employment discrimination releases

Table of Contents:

1. BACKGROUND ON AGE DISCRIMINATION LAWS
What Is the Age Discrimination in Employment Act?
What Is the Older Workers Benefit Protection Act?
Basic Principles of the ADEA
Age Harassment
Defenses to Age Discrimination
Retaliation

2. EMPLOYER DEFENSES TO AGE DISCRIMINATION CASES
Exceptions to the Rule
Bona Fide Occupational Qualification (BFOQ)
Reasonable Factor Other Than Age
Bona Fide Employee Benefit Plan Exception
Bona Fide Seniority System Exception
Bona Fide Executive or High Policymaker
Discharge for Good Cause: Misconduct

3. NUTS AND BOLTS OF AN ADEA CASE
How to Prove an ADEA Case
Job Advertisements and Applications
Refusal to Hire or Promote
Firing/Discharge Practices

4. THE OLDER WORKERS BENEFIT PROTECTION ACT
Minimum Requirements Under the OWBPA
Specific Requirements of the OWBPA
Age Considerations in Workforce Reductions
Early Retirement and Voluntary Separation Programs
Involuntary Reductions in Force

5. BENEFITS DESIGN CONSIDERATIONS
Severance Benefits
Retiree Health Care Coverage

Reduce your organization's risk of age discrimination suits. Order this in-depth report today and learn how to avoid potentially devastating litigation.