THE LAW: The Age Discrimination in Employment Act (ADEA) protects workers age 40 or older from discrimination because of their age.
Plus, 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.
WHAT’S NEW: What’s new is what’s old—specifically the American workforce. Many baby boomers are delaying retirements due to the demise of pensions and depleted retirement plans. Also, as boomers age, they’ll have a greater need for reasonable accommodations to cope with disabilities.
The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) just unveiled a study, Employer Strategies for Responding to an Aging Workforce. (Download it here.)
It points out that more than 40% of people age 55 or older are still working—an all-time high.
HOW TO COMPLY: The study ur...(register to read more)
- Stick with measurable, objective standards when discharging
- Courts cracking down on pro se litigants
- Good news: Liberal definition of retaliation applies only in certain retaliation cases
- Worried about ADA: Can we discipline for misbehavior caused by medical condition?
- Want to catch harassment? Go looking for it