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DOL issues guidance on employing older workers

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in Discrimination and Harassment,Human Resources

THE LAW:  The Age Discrimination in Employment Act (ADEA) protects workers age 40 or older from discrimination because of their age. The ADA prohibits employers from discriminating against a qualified individual with a disability as long as the individual can perform the job’s essential functions with or without a reasonable accommodation.

In 2008, Congress expanded ADA coverage with the Americans with Disabilities Act Amendments Act that orders courts to interpret the definition of disabilities broadly.

WHAT’S NEW:  What’s new is what’s old—specifically the American workforce. Many baby boomers are likely to forgo or delay retirement due to the demise of pensions and depleted cash-balance retirement plans.

Also, as boomers age, the probability is greater they will need a reasonable accommodation to cope with a disability.

The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) commissioned a study to ex...(register to read more)

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