Discrimination against an aging employee?

I have a long-term employee (18 years) who is developing some health problems as he ages and is unable to carry the workload he used to. He has always had attendance problems, but now it's really getting bad. In talking to him about it he said he's over 50 now and he just can't keep up with the younger employees in the department (it's a pretty physical job). He says the stress of trying to keep up is causing him to become ill and miss work.

The supervisor (one of those "younger employees") is reluctant to lighten his workload because to her it seems unfair to to the other employees in the department. But I'm wondering how much of an accomodation we need to make for aging employees through a reduction in their workload so that they can remain successful in their job. Do I risk an age discrimination if I end up firing him for missing work when he's told me he can't keep up with the work load because he's getting too old?

Comments

  • 15 Comments sorted by Votes Date Added
  • What difference does his age make? He is either doing the essential functions of the job, or he isn't. Age isn't a disability so no accomodation. If he has a specific health issue, that is a different story.

    Do you have another job he could transfer to? How are you handling other employees? Treat this employee the same way. Discrimination is only illegal when you treat someone negatively due to thier specific issue (sex, religion, etc). It doesn't give those same employees more rights than other employees.

    Good luck!

    Nae
  • I concurr; however, it appears that the younger leadership is on target, but needs some senior leadership to give direction on how to offer this ee an opportunity that he can not turn down of his performance evaluations will certainly begin to effect his ability to stay productive and on the team. We just had one of our aging truck drivers come to the realization that he can not continue to take it physically and mentally in his present position. We got our heads together and found a replacement for his position and offered him the opportunity to become a washer of the vehicles and trailers. It reduced his base rate of pay, but the bonus for completing the required washing job task gave him about the same compensation as when he was driving. He is now satisfied and is complaining that his younger partner is mentally slow and likewise, physically slow. He tells us that his personal physical ablities are getting better and he would like for us to put a more aggressive partner on his shift.

    All of this to say it can be an option to step back and feel overall a lot better about how we see the world of work!

    PORK
  • It is a fact that a 50 or 60 year old cannot produce on the same physical level as a 20 or 30 year old. But I don't think I would be too quick to put a long time employee out to pasture. Surely, they have other value in knowledge and experience. I suppose each situation is different, but I hope when I am old I will receive a little mercy.
  • Is that a fact, Day Dreamer? Maybe not in professional sports, but in the typical workplace aging 'boomers can do just as well as the younger generations. I find more and more I look for employees in the 35 and up age groups. Maybe they can no longer slam dunk a basketball, but they are often excellent employees by being dependable and capable.
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-04-06 AT 12:31PM (CST)[/font][br][br]Actually the job in question is quite physical - older workers often can't keep up. I've been leaning all along toward more what Day Dreamer said about not being too quick to put a long-term employee out to pasture too soon. I appreciate all the opinions - thanks everyone!
  • Don't buy into his twisted logic and attempt to avoid work. As NaeNae pointed out, if he claims to have some medical condition which might qualify as a disability, then begin that anlysis. But regular attendance is a requirement for most positions in the working world, and for him to claim that just because he's getting older he must slow down is ridiculous. Tell him he either performs the requirements of the job, including showing up for work, or he will be disciplined accordingly.
  • I agree with Nae and vphr. Focus on the essential job functions, performance and attendance. Age is not an excuse. I'm 58 years old and I don't plan on using that excuse for at least another 30 years. Even though my job doesn't require being physical, I'm still very capable of it and I can't think of too many young guns that would be able to out work THIS old horse.


  • What is he....80? Being over 50 is no excuse to "slow down" unless there are medical issues. I think people "think" they are supposed to act or feel a certain way because of their age. The self-fulfilling prophecy!
  • AMEN! My adult daughters would tell you that I don't act my age and probably never will xB-)
  • I have heard that 50 is the new 40.
  • Actually, Paul, it's 60. But who's counting!
  • It is a fact of life that all of us get old. Although I am not old, I will never see 50 again. Recent events have found me short handed at work and about doubled my work load. This has made it necessary to come to work earlier and leave later. Although the work is fairly well caught up, my chores at home and social life have really suffered as I am too tired at the end of the day to do much but crash. Thus, my age does tell to a degree.

    What does your employee do to compensate for the job and his age? If I need to be at work early, I go to bed early and perhaps make arrangements to have supper late. We all make choices and have priorities. If an employee already has attendence issues, you have a good idea of where work is on his priority list. If activities outside of work must come first, then work will indeed suffer. Ask yourself whether you are better off with or without this employee.
  • As many others have replied in their posts, every EE needs to be able to perform the essential duties of the job, regardless of age. If he can't perform the job, then that would be grounds to initiate progressive discipline and eventually terminate him....however....

    I would be really careful here based on the conversation that you had with this guy, as cited in your post, regarding his health issues affecting his work attendance. It sounds like this was a conversation that maybe should have triggered an FMLA discussion? If he's a malingerer (and it sounds like you suspect that he is), he could try to use his FMLA entitlement to keep you tied up for years with intermittent FMLA leave. OR, if you let him go, and he can get a Dr's written statement as to his health issues, he could come back at you with a lawsuit claiming that he was fired for health reasons where he should have been offered the option of FMLA leave (but was not offered it, and instead was fired).

    So, if you decide to move toward discipline/termination, I would focus strictly on his failing job performance while he IS at work (rather than on his frequent absences from work) as the grounds.

    Good luck!

  • That's excellent advice, hrdir03nafcu! (Dang, that's hard to type; can I call you nafcu for short?)
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