Age Discrimination / Discipline questions

[Incognito]

I've been fortunate enough to not have too many disciplinary issues but because of that, I feel that I may be missing something. Also, besides documentation, is there anything we can do to prepare ourselves if the employee files an age discrimination claim with the EEOC? We do have have an employment attorney if needed but I like being ahead of the game. I'll take any sage advice you have to offer!


Information redacted upon request of OP in post below.

 

[Proserpina]

Well, this advice doesn't necessarily fall into the realm of actual legalities but I do have a suggestion.

Stop expecting the employees to follow your "don't talk about compensation" rule. To many employees that's actually worse than being paid differently.

 

[Betty3]

If the employee would file an age discrimination claim (has to be age 40 or older federal law & law in your state), you need to be sure you have complete documentation as to how raises were determined for the various employees. Also, use your attorney if/when necessary.

 

[Incognito]

Thanks. Betty, any chance you can delete the post for me? The edit button wasn't working (and now not even showing) and I don't want to keep this out here.

 

[hrforme]

You might want to rethink your policy in light of the NLRA. Employees under that law have the right to discuss their wages with co-workers. A company policy can not override that.

And negative statements/attitudes can be dealt with although you must be careful. It might well depend on where, when and how the comments were said (and to who). Again, employees have the right to discuss wages and working conditions -- but with other employees... I know TX is not your state, but they have a good write-up that is not state specific regarding how this interacts with the NLRA directed to employers on this topic at : www dot twc.state.tx.us/news/efte/salary_discussions.html

That said, I agree with Betty in making sure that your compensation decisions can be backed up by documentation.