This Is Not Succession Planning!
It shouldn't surprise you that making employment decisions because you think an employee is too old can get you into a lot of trouble. Bottom line, if you target someone for negative treatment because of their age - sooner or later, you're going to end up defending yourself to your employer, to an opposing attorney, a government agency, or even a judge or jury.
Suggested Industry Usage
- Ensuring Professional and Compliant Behavior
- Managing Legal Risk
Training Files (14)
The law is pretty clear, adults over 40 in the workplace are a protected class. This video does a great job showing how things like 'succession planning' can lead to larger workplace issues. It’s important to understand that persons within the protected class can harass and discriminate against people who belong to the protected class.
For instance, a 60-year-old can unlawfully harass and discriminate against other 60-year-olds, the same way that a 20-year-old can unlawfully harass or discriminate against a 60-year-old worker. The same is true for any protected class status, not just age.