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HR Hot Topics |
Age Discrimination
The Age Discrimination in Employment Act (ADEA) prohibits discriminating against workers 40 years old and older because of their age. Many states also have laws prohibiting age discrimination in the workplace. The Older Workers Benefit Protection Act of 1990 amended the ADEA to specifically prohibit employers from discriminating against older worker by denying them benefits. Related articles on Age Discrimination Age, like other protected worker classifications, also can be the basis of a harassment claim. Although the U.S. Supreme Court hasn't ruled yet whether an employee can sue for age harassment under the ADEA, federal appellate and trial courts have found that a claim for age harassment does exist. What that means for employers is that regardless of what state they do business in, they should act as though age harassment is a protected classification and admonish their employees not to engage in such behavior. What is age discrimination and harassment?Age harassment claims tend to arise because of an employer’s age-biased comments – or tolerance for coworker comments. The comments then are offered as proof that a worker's age was the motivation for an adverse job action. Even if she doesn't allege age harassment, she can use that evidence to strengthen her case that the company was biased on the basis of age. There are some explicit defenses and exceptions in the ADEA defining when an employer may adversely affect the employment of a person age 40 or older. In general, employers may make employment decisions that adversely affect a person’s employment status and pay and benefits if its motivation is a “reasonable factor other than age” or falls into one of the narrowly defined exceptions. As is the case with all forms of discrimination, retaliating against an employee who files an age discrimination charge is unlawful under the ADEA. After an employee has filed a charge or complaint, whether internally or with an outside agency or court, you should refrain from taking any action against the employee that might be construed as retaliation. Succession planningThe number of older workers is on the rise and only looking to increase in the years ahead as the baby boomers enter their golden years. That's putting many employers in a tricky situation of having to do succession planning while avoiding comments and actions that might be construed as age discrimination or harassment. It's not an impossible task, but it must be done carefully. Reductions in forceIt's important to plan carefully when conducting a reduction in force that involves older workers. Because of the requirements of laws affecting older workers, it's best to consult your attorney to help you meet all the legal requirements and to avoid age discrimination charges.
Related articles on Age Discrimination from the State Employment Law Letters
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