Or maybe some thoughts about solutions.
—Before firing an employee in the protected age group (particularly someone in his/her 50’s and 60’s) who has been with you a long time, you must get legal advice.
—Watch out for a hiring pool that includes no one in the protected age group.
—Watch out for a succession planning candidate pool that includes no one in his/her 60’s; it’s talent, not youth, you’re looking for.
—With respect to any employment decision, make sure you’re focused on job qualifications, instead of age or perceptions about age.
—When you’re replacing an older employee, try to consider (even if you don’t choose him/her as the replacement) someone who is somewhat close to the age of the outgoing employee.
—Avoid language that can be viewed as age-related.
—Step back and take stock of the overall makeup of your workforce with respect to age.
—When doing a RIF, pay close attention to the ages of employees losing their jobs (in other words, are they all over 40 or are they in a variety of age groups), and make sure a lawyer is helping you evaluate the RIF process and outcome.
—If you enter into a separation agreement with an employee in the protected age group, make sure that it contains the magic language required by the Older Workers Benefit Protection Act (OWBPA), which, among other things, says the employee has 21 days to review the agreement and seven days to revoke it after signing it.
—If you enter into separation agreements with more than one employee in connection with a RIF or an early exit incentive program (and remember, it only takes two employees) at the same time or around the same time, make sure you comply with additional requirments of the OWBPA (like more time to review–45 days; written notice of any class or group of employees covered by the program, eligibility factors for the program, and applicable time limits; written notice of the job titles and ages of all employees eligible for the program and the ages of all employees in the same job classification who aren’t eligible; and more).
—With age comes disabilities and serious health conditions, so make sure you keep the ADA and FMLA in mind and apply them consistently when you’re dealing with an employee in the protected age group.
—Provide training to your supervisors and managers about the pitfalls of age discrimination.