Discrimination and the Aging American Workforce: Recommendations and Strategies for Management

As people live and work longer, the "older" component of the workforce--defined by the U.S. Bureau of Labor Statistics as those over 40--also expands. In general, claims of discrimination against older employees allege either disparate treatment or disparate impact under the Age Discrimination in Employment Act of 2005. Other statutes also apply in this area. Employer defenses generally fall in two categories: Bona fide occupational qualification exceptions, or reasonable factors other than age. Using statistical analysis prior to any reduction in force, for example, can help avoid future legal problems.