accommodation for age

Irie

I'm not sure this belongs in this section or maybe in the HR-d-har har section. However, we have an employee who is not meeting his production standards and he is claiming it is because of his "old age".

Has anyone ever made an accommodation for "old age"?

NaeNae55

No, and I would not start now. Old age is not covered by the ADA. As long as you treat all your employees the same, then they must all be productive or they are out of there. Treat it like you would any employee who is not producing. If he claims old age, ask if there is something specific that he is speaking of (ie bad back, etc). Those specific items may require accomodation, but a general 'old age' does not.

Has this person been a good worker in the past? Perhaps there is something else going on here that you need to address. Have they been with you awhile? If so, is there another job they might be qualified for?

I am not saying you must treat them coldly, and every case should be addressed on its own merits, but 'old age' is not a qualifier.

Good luck!

Nae

Irie

This employee has been with us just short of a year. He hasn't been very productive since he started and unfortunately TPTB wouldn't do anything about his productivity when the problem first started. Thanks for your response Nae.

davids

"Old age" is not a condition covered by ADA. However, infirmities that accompany getting older could qualify under FMLA. I would question the employee to determine if there is an underlying medical condition causing the performance issues. If there are not, treat the situation as a performance management issue.

stilldazed

It would be appropriate to re-present the worker with the job requirements, clarify performance gaps, develop an improvement plan with specific expectations, and implement it. If the worker insists he cannot do the job, turn a deaf ear to his "age" excuse. It will get in trouble if you don't, and consider that he may be dangling some bait for you with an agenda to hook you into a risky maneuver. You can turn the deaf ear kindly by saying something to the effect of, "appreciate your comment, but let's stay focused on job requirements and ability vs. inability and skill level vs training (i.e., things we can do something about)." As for your strategy, you either have a poor performer (and you might not know that if he hasn't been with your organization very long), someone with a medical issue that has deteriorated his ability (whereby medical stmt might be required), or a change in a process that has outpaced his skill/experience level. If you have a slackard, treat it has a slackard. If he insists he has an age issue, redirect his focus to "the potential of a medical issue" and suggest he seek help as necessary. If you have a changed process, identify how best to help the worker close the gap.

best wishes.