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Preventing ADEA Cases

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What steps would you take to prevent ADEA cases after a major restructuring or reduction in force? The Age Discrimination in Employment Act (ADEA) promotes the employment of older persons based on their ability and not their age, prohibits arbitrary age discrimination in employment, and assists employers and employees in finding ways to meet the problems arising from the impact of age on employment (Mujtaba and Cavico, 2010). When an organization faces difficult times sometimes a reduction in force (RIF) is necessary. However, if not conducted effectively, exposure to costly litigation could follow. Some of the steps I would take to prevent ADEA Cases after a restructuring or a RIF would include careful disclosure about the matter to those directly and indirectly involved. The best way to do this would be by organizing a meeting with all company employees. I would allow, expect, and of course be prepared to answer any question an employee might have. It would be here that I would discuss the reason behind the RIF or restructuring. Transparency would be the best avenue in this type of matter to avoid possible miscommunications or misinterpretations, which could result in litigation action. …show more content…

This would mean that a proper Equal Employee Opportunity analysis was thoroughly conducted prior to the RIF and making sure that the selection methods were fair and justified. Also, consideration of what each employee affected will be told, by whom and where is an issue that often times is overlooked but often times is the defining factor in the decision of an employee to pursue legal action. Having designated personnel perform this function and that of answering all related inquires government or hostile

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