Six Practical Steps to Avoid Workplace Age Discrimination (Part 2)

In the previous blog on how to show good judgement by preventing age discrimination in the workplace, these three tips were covered: (1) define age discrimination, develop a policy and distribute it to all employees; (2) emphasize your policy’s importance by having senior leaders facilitate training sessions; and (3) nurture a culture of non-discrimination, support and mutual respect. We continue with a few more tips.

4. Institute Fair Hiring and Promotion Practices

A company must ensure that the entire hiring process, from job posting to selection, focusses objectively on skills and competencies. The same criteria should be applied to all job applicants. Obviously, compatibility and fit are always relevant to hiring but these factors should relate more to the company’s functional goals than to the personal preferences of staff.

When interviewing job applicants, try to ensure that the interviewers and all those involved in the hiring decision are of diverse ages and that the questions are job-related. But do not assume that simply because someone is older that they will be less influenced by prejudicial views regarding age than anyone else. Those involved in the hiring process must be sensitized to the signs of discrimination in their own thought processes.

Professional development and training opportunities should be available to all employees but a specific message should be sent to older workers that efforts to further develop their skills and abilities will not be futile. Such efforts will be reflected in performance reviews and promotion decisions. Apply the same performance standards to employees of all ages. Obviously, accommodation for some older employees may be necessary so there should be a process for determining any limitations or restrictions that require modifications to their jobs and/or work environments. But it is likely that only some older workers will require any significant accommodation. Mutually beneficial resolutions will be the norm if the company deals openly and fairly with its employees (and meets its legal obligations).

An investment in the development and promotion of older workers can have the same benefits to the company as those derived from developing younger workers. Older workers may, in fact, be less likely to take such development with them to another employer.

5. Adopt Age-Sensitive Termination Procedures

When determining which employees to terminate as part of a mass layoff or restructuring, a company should adopt a meticulous approach which avoids placing older employees at the top of the list. Develop transparent criteria and apply them consistently.

When deciding whether or not an individual older employee should be terminated for cause or due to performance issues, make sure that the final decision is vetted by an objective party who is not directly involved in the original determination (e.g. someone other than the immediate supervisor or manager). The objective party should look for any hint of age discrimination. As part of the development of a policy against age discrimination, and the ongoing review of that policy’s application, analyze all terminations that have occurred to check for any patterns related to age.

Notably, when deciding whether an older employee should be terminated, individually or as part of a group, do not make assumptions about their readiness to retire, even in cases where they can take advantage of a generous pension. Older employees may want to continue working and their ongoing contribution to the company should not be easily dismissed. Again, objective criteria applied equally to all employees can help avoid prejudicial decision-making.

6. Follow Up to Obtain Staff Feedback and Gauge Effectiveness

Over time, a company has to survey and measure the level of employee awareness of the anti-discrimination policy and related initiatives. Check in regularly to see how older employees feel about their treatment. Have there been positive changes in staff behavior relative to any issues that existed previously? How many new situations are arising where age discrimination is alleged? Modify your policy, communications, and any further training as needed.