November 21, 2024 | Category: Uncategorized

Anyone familiar with discrimination protections in the workplace knows that the Age Discrimination in Employment Act (ADEA) protects employees and applicants who are age 40 or older in all aspects of employment. Age discrimination at work can show up in many ways, some more obvious than others. It can include making negative comments about a worker’s age, excluding older workers from training programs or social events, or choosing younger, less experienced workers for promotions over older, more seasoned workers.

The Cost of Age Discrimination in the Workplace

Age discrimination can be costly for employers as two recent cases exemplify.

Recently, a senior living community in Georgia was sued by the EEOC and was ordered to pay $78,000. The EEOC got involved when a long-time employee who was 78 years old was terminated by a general manager of the company and was told by the manager that he had lost confidence in her ability to work. The manager then hired a much younger individual to replace her.

Prior to the termination, the long-time employee was hospitalized for a brief period of time and following the hospitalization, the general manager badgered the employee with reasons as to why she should quit her job. The general manager noted things such as spending more time with family, traveling, and not really needing to work. One month prior to the termination, the employee had received an employee of the year award and had no previous issues with performance. Despite this, the manager still used the excuse that he was no longer confident that the long-term employee could do her job at the time of termination.

In another recent EEOC lawsuit out of Louisiana, a manufacturing and distribution company agreed to pay $105,000 to settle the age discrimination case. In this case, a company manager asked the employee repeatedly about retirement as she approached her 65th birthday. After the employee informed the company that she had no plans to retire, the company told her that her position as purchasing agent was being eliminated due to economic uncertainty and terminated her. Less than a month later, the company hired a man in his thirties to fill the position that the company claimed had been eliminated.

Strategies for Preventing Age Discrimination in the Workplace

Employers can take proactive steps to prevent age discrimination and foster a respectful workplace.

Implementing Training and Awareness Programs

One main way to avoid discrimination in the workplace is to make sure that all supervisors and managers are well trained in discrimination protections in the workplace including those involving age. Training should include not just legal definitions and company rules, but also the hidden biases and ways to see and respond to them. Additionally, managers and supervisors should be trained that age-related comments, whether stated verbally or in performance documentation, should be avoided at all times. Any employee, manager, or supervisor that is found to be making age-related comments in the workplace should be disciplined and coached.

Creating an Inclusive Hiring Process

Employers should review hiring and interview processes to make sure they are complaint under the law. Training hiring managers to understand age biases and how to conduct fair interviews is very important. They should focus on what the applicant can do. This means looking at their skills, qualifications, and experience without jumping to conclusions about their age. They should avoid any age-related questions and avoid age-related stereotypes. Using standard questions and fair evaluation criteria in interviews can help reduce hidden bias.

Having Well-Documented Employment Decisions

If an employee who is age 40 or above is terminated, the company should have well documented non-discriminatory reasons for the termination.

Anytime a company is terminating someone age 40 or older, it is good to consider providing a severance and having the individual enter into a severance agreement that includes a waiver of the ADEA right to sue for age discrimination as a condition of acceptance. Companies should have thorough and well-thought-out policies and should review their handbook regularly to ensure that it is up to date and complaint.

Age should not be a barrier to employment opportunities or fair treatment in the workplace. Employers must take proactive steps to prevent such discrimination, including implementing comprehensive training programs, conducting fair hiring practices, and documenting employment decisions thoroughly. By taking these steps, companies can protect themselves from costly litigation and foster a respectful workplace for employees of all ages.