Discrimination against an aging employee?
Beth Balen
3 Posts
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?
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
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
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
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.
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!