Preventing age discrimination while protecting workers from COVID-19

Employers, during a pandemic that appears to hit patients 65 years and older the hardest, are you taking the appropriate steps to ensure you don’t discriminate against your older employees, while also protecting them from potential workplace harassment?

Uncharted territory

COVID-19 is a new disease, and there is limited information about the risk factors for contracting it and experiencing severe complications. Based on currently available information and clinical expertise, however, the Centers for Disease Control and Prevention (CDC) has advised that people 65 years and older might be at higher risk for severe illness from the virus. As such, employers with older workers should be prepared to address concerns specific to them.

The Equal Employment Opportunity Commission (EEOC) recently issued guidance on COVID-19 and the federal antidiscrimination laws. Most of the guidance is related to the Americans with Disabilities Act (ADA), however, which is to be expected because the virus certainly raises a variety of medical issues in the workplace. As a result, employers are likely aware of the ADA's implications.

But you should be aware COVID-19 also could implicate age discrimination issues, understand your obligations under the Age Discrimination in Employment Act (ADEA), and take steps to ensure a workplace free of unlawful discrimination.

Overview of ADEA