The aging of the American workforce carries with it a greater risk of age discrimination claims by employees, some experts warn.
Retirement account losses during the recession, Americans' desire to maintain their employee benefit coverage, preferences for a more active lifestyle and the demographic trend of an aging population are all contributing to this. These causes mean that the number of workers over the age of 55 has increased and is expected to continue doing so.
Many such cases are based on the Older Workers Benefit Protection Act (OWBPA), according to BLR, which prohibits varying employee benefit plan administration and structure based on workers' ages. They may also revolve around other aspects of the Age Discrimination in Employment Act, which is meant to protect Americans over 40 from age-based discrimination by employers.
Such problems often arise during hiring and layoff decisions, according to the news source, and can largely be avoided by formulating a policy consistent with any applicable state and federal laws. As long as this is consistently enforced, most employers should have no difficulty with HR compliance.
