Avoiding Age Discrimination on the Job -- Part 2

Mark S Guralnick

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Family Law Attorney

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Posted over 4 years ago. 1 helpful vote



Training programs.

All advancement opportunities, new job designations, company-sponsored educational programs, and apprenticeships must be evenly offered to employees of all ages.


Retirement plans

Pensions and other retirement programs must be offered to employees with the same qualifying criteria, the same contribution and benefit accrual schemes, regardless of age. However, mandatory retirement or re-assignment can be imposed on bona fide executives and high-level policymakers who qualify for a certain level on retirement benefits and meet other criteria


Leaves of absence.

They must be granted or denied uniformly. The terms and conditions for qualifying for a leave of absence, the compensation or lack thereof, and the length of the leave must all be fixed without consideration of age.



Avoid any discipline, unfair treatment, or other adverse job action against any employee who complains about age discrimination, or who files an age discrimination charge or participates or cooperates in another employee's age discrimination case.


Jokers and Harassers

Prevent joking about age or older people. Quickly remove any age-related cartoons, drawings, expressions or other depictions. Develop anti-harassment policies and enforce them.


Disparate Impacts

Be sure that all recruitment activities, compensation schemes, downsizing programs, and other business events do not inadvertently treat older employees unfairly, even if age is not a factor and even if a neutral approach was followed.


Data Collection and Retention.

Keep employee and payroll records for three years. Maintain job applications, resumes, communications with employment agencies, employee test results and related papers for one year after taking action relating to the records.

Additional Resources

For additional steps to avoid age discrimination in the workplace, see the Legal Guide entitled "Avoiding Age Discrimination on the Job -- Part 1."

Age Discrimination in Employment Act (ADEA)

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