Age Discrimination in the Workplace: Lessons and Best Practices from Recent EEOC Action

In today’s diverse workforce, age discrimination remains a pressing concern. The recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against Allen Theatres serves as a stark reminder of the importance of fair treatment for employees of all ages. Let’s explore this case and discuss best practices to prevent age discrimination in your organization.

 The allegations include:

1. Forcing a 72-year-old theater manager to retire
2. Refusing to rehire the same manager based on his age
3. Implementing a discriminatory policy that stopped paying for family health insurance coverage for employees once they reached 65
4. Reducing compensation for employees aged 65 and over

These actions, if proven, violate the Age Discrimination in Employment Act (ADEA), which protects workers aged 40 and older from discrimination.

To avoid similar legal issues and create a fair work environment, consider implementing these best practices:

1. Develop Age-Neutral Policies
   • Review all company policies to ensure they don’t discriminate based on age
   • Apply policies consistently across all age groups
2. Provide Equal Benefits
   • Offer the same health insurance and other benefits to all eligible employees, regardless of age
   • If employees are eligible for Medicare, consider offering supplemental coverage to ensure equity
3. Base Employment Decisions on Performance, Not Age
   • Use objective criteria for hiring, promotions, and terminations
   • Implement regular performance reviews that apply equally to all employees
4. Avoid Mandatory Retirement Policies
   • Allow employees to work as long as they can perform their job duties effectively
   • Consider offering flexible or phased retirement options instead of forced retirement
5. Train Management and Staff
   • Provide regular training on age discrimination and its legal implications
   • Educate employees about the value of age diversity in the workplace
6. Review Compensation Practices
   • Ensure that pay and benefits are based on job responsibilities, performance, and experience, not age
   • Regularly audit compensation practices to identify any age-related discrepancies
7. Foster an Age-Inclusive Culture
   • Promote intergenerational mentoring programs
   • Highlight the contributions of employees of all ages
8. Establish Clear Reporting Procedures
   • Create and communicate a clear process for reporting age discrimination concerns
   • Ensure all complaints are taken seriously and investigated promptly
9. Be Mindful in Communication
   • Avoid age-related comments or jokes in the workplace
   • Use age-neutral language in job postings and company communications
10. Consider Flexible Work Arrangements
    • Offer flexible schedules or remote work options that can benefit employees of all ages
    • Accommodate the changing needs of your workforce as they age
11. Conduct Regular Policy Reviews
    • Periodically review and update company policies to ensure compliance with current age discrimination laws
    • Consult with legal experts when necessary to ensure your practices align with the ADEA and other relevant legislation

The EEOC’s lawsuit against Allen Theatres underscores the ongoing challenge of age discrimination in the workplace. By implementing these best practices, you can create a more inclusive environment, reduce legal risks, and benefit from the diverse talents and experiences that workers of all ages bring to your organization.

Fostering an age-inclusive workplace isn’t just about legal compliance—it’s about creating a rich, diverse work environment where all employees can thrive, regardless of their age. By valuing the contributions of workers across all generations, you’ll build a stronger, more resilient organization ready to face the challenges of today’s dynamic business landscape.

Be Audit-Secure!

Lisa Smith, SPHR, SCP