How Tom Brady's future with Patriots offers cautionary tale for employers

New England Patriots signal caller Tom Brady is arguably the best quarterback of all time. Many have referred to him as the GOAT—"greatest of all time." That's because of his many Super Bowl victories, the records he has broken, and the fact he has been at the top of his game for 20 years. But many commentators have started to speculate that at age 42, he may have played his last season in Foxboro. In the twilight of his career, he may retire or move on to another team for a year or two. Even if he stays with the Patriots, all agree it may be time to look for a younger replacement to succeed him sooner or later.

Employers across the country have similar discussions every day as they wrestle with succession issues in their organizations. If the Patriots unceremoniously were to push Tom Terrific aside for a younger player, they would risk a disgruntled fan base as well as unfavorable tweets from a certain super model. Similarly, employers risk age discrimination claims if they dismiss older workers for the wrong reasons.

'You're too old! You're washed up!'

The Age Discrimination in Employment Act (ADEA) prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits. It's unlawful under the ADEA to harass a person because of his age. Employees over age 40 are protected by the statute. Apart from his youthful appearance, Brady has been in that protected class for a few years now.