DISCLAIMER: THE INFORMATION CONTAINED HEREIN IS SOLEY FOR EDUCATIONAL PURPOSES. IT IS NOT LEGAL ADVICE OR LEGAL AUTHORITY AND IS ONLY THE AUTHOR’S INTERPRETATION OF THE LABOR AND EMPLOYMENT LAW ON THE SPECIFIC ISSUES DISCUSSED.
Protecting your business from age discrimination claims is essential to maintain a fair and inclusive work environment while minimizing legal risks. Here are some steps you can take to reduce the likelihood of age discrimination claims and protect your business:
- Know the Law: Familiarize yourself and your management team with federal and state laws that prohibit age discrimination in employment, such as the Age Discrimination in Employment Act (ADEA). Understand the requirements and obligations imposed by these laws to ensure compliance.
- Adopt Clear Policies: Establish written policies and procedures that explicitly prohibit age discrimination in all aspects of employment, including recruitment, hiring, promotions, compensation, and termination. Ensure that these policies are communicated to all employees and consistently enforced.
- Provide Anti-Discrimination Training: Conduct regular training sessions for managers, supervisors, and employees on preventing age discrimination in the workplace. Educate employees about the importance of treating coworkers of all ages with respect and fairness.
- Implement Objective Criteria: Base employment decisions, such as hiring, promotions, and layoffs, on objective criteria, such as qualifications, skills, performance, and job-related factors. Avoid subjective judgments or stereotypes based on age when making personnel decisions.
- Maintain Fair Practices: Ensure that your business’s employment practices are fair, transparent, and free from bias. Treat all employees equally, regardless of age, and avoid making age-related comments or jokes that could be perceived as discriminatory.
- Document Employment Decisions: Document all employment-related decisions, including hiring, promotions, performance evaluations, disciplinary actions, and terminations. Keep accurate records of the rationale behind these decisions to demonstrate that they were based on legitimate business reasons, not age.
- Respond Promptly to Complaints: Establish procedures for employees to report instances of age discrimination or harassment. Take all complaints seriously and investigate them promptly and thoroughly. Address any issues identified and take appropriate corrective action.
- Provide Equal Opportunities for Training and Development: Offer training, professional development opportunities, and career advancement programs to all employees, regardless of age. Ensure that older employees have access to the same opportunities for skill enhancement and career growth as their younger counterparts.
- Consider Diversity and Inclusion Initiatives: Implement initiatives to promote diversity and inclusion in the workplace, including age diversity. Encourage collaboration and teamwork among employees of different ages and backgrounds to foster a culture of respect and acceptance.
- Seek Legal Guidance: Consult with employment law attorneys or human resources professionals to ensure that your business’s policies and practices comply with anti-discrimination laws and regulations. Stay updated on changes to relevant laws and seek guidance on any legal issues or concerns.
By taking proactive measures to prevent age discrimination and promote a culture of fairness and inclusivity, you can reduce the risk of age discrimination claims and protect your business’s reputation and bottom line.
About the Author
Molly Moberg Miller
Adams & Sullivan, PC, LLO
Ms. Miller has been an attorney since 2004 and worked ten years with Amoni Law Offices, P.C. in Aurora, Illinois prior to moving to Omaha and joining Adams & Sullivan. She was Lead Counsel in arbitrations and mediations for personal injury files, and served as Co-Counsel for a large, regional bank conducting commercial and residential foreclosure litigation, and real estate dealings. Her current practice focuses on employment law, personal injury law and litigation.