Q. I recently read that the Older Workers Benefit Protection Act (OWBPA) requires that we provide an employee who has been discharged as part of a “group” termination at least 45 days to consider the terms of a release waiving his or her rights under the Age Discrimination in Employment Act. How many employees constitute a group?
A. A group means two or more employees who are terminated as part of the same decision-making process. The OWBPA also requires employers to make certain disclosures (regarding the ages of other employees) to separating employees who are offered a release. You should consult an attorney when preparing the release.
- Win harassment claims by keeping good records
- Crisis management: Set smart policy before disaster strikes
- When workplace romance goes bad, fall back on sexual harassment policy for discipline
- Asking applicants about age: When is it legal?
- Step up to a new high-stakes HR role: Stamping out conspiracies to discriminate