Be prepared to be creative when business necessity forces changes that will eliminate a position held by an older employee. When that’s the case, consider offering the older employee alternative positions.
Then track all discussions you have with the employee. If she declines to take comparable jobs, document it. That refusal will make it next to impossible for her to win an Age Discrimination in Employment Act lawsuit.
After all, a reasonable employer wouldn’t offer other work opportunities to someone it believed was too old or slow to do the job.
Recent case: Marilyn Malarkey was a 67-year-old registered nurse who worked for a temporary placement agency.
For many years, she was assigned on an as-needed basis to the emergency room at the Reading Hospital and Medical Center, with the flexibility to choose the hours and days she worked.
Malarkey was well-respected and earned good reviews from supervisors, doctors, other nurse...(register to read more)