Age Discrimination: What You Need to Know
Do you have any employees that are 40 years old (or older)? If so, it is important to know that Utah and federal law give special protections to older workers. They cannot be singled out or treated differently because of their age. This protection against discrimination starts at the time they apply for a job and continues all the way until the end of their employment.
Additionally, if you offer a "Severance Agreement" to an older worker and ask them to waive their legal rights, you must ensure that the agreement meets the following seven (7) legal requirements:
- The agreement must be written in clear, easy-to-understand language (not legalese);
- The agreement must specifically say that the worker is waiving his or her claims under the "Age Discrimination in Employment Act";
- The agreement must tell the employee to seek the advice of an attorney;
- The employee must be given 21 days to "consider" the agreement and to decide whether they will sign it; and
- The employee must be given 7 days to "revoke" their signature (i.e., to change their mind after they sign it);
- The agreement must not waive any claims that arise in the future; and
- The agreement must be supported by "consideration" (i.e., giving the employee something that he or she was not already entitled to receive, such as money).
If you have any questions about age discrimination laws, or if you need help putting together a severance agreement for an older worker, please reach out - we're here to help!
