Worker older when hired? Then age bias is unlikely — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Worker older when hired? Then age bias is unlikely

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in Discrimination and Harassment,Human Resources

Do you have an older worker who now alleged age discrimination? If you hired him recently, chances are you can use his age at hire as evidence you didn’t discriminate.

Recent case: Warren was 62 when he was hired as an architect. Within a few years, he proved to be hard to manage. For example, Warren refused to use software to schedule meetings, so he sometimes missed meetings. Plus, he was hard to locate. He would not use employer-issued automobiles equipped with GPS because he did not want to be tracked.

Several co-workers apparently began calling Warren ageist names like “viejo” and “senile.”

Then Warren was terminated for alleged insubordination and for working on private projects during the workday. He had never complained about the co-worker statements or told anyone in management about them until he was fired.

He sued, alleging age discrimination and a hostile environment, among other claims.

The court tossed out the case, reasoning that no age-discriminating employer would hire someone at age 62 only to fire him on account of age a few years later. The co-worker statements weren’t enough to prove the environment was hostile, either. (Pechin v. County of Kern, No. F068978, California Court of Appeal, 2015)

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