Annette Idalski (left) and Kyle Winnick of Chamberlain, Hrdlicka, White, Williams & Aughtry, Atlanta.. (Courtesy photos) Beware of 'Benevolent Reasons' to Treat Older Workers Differently Amid COVID-19
The EEOC opined that, if an employer prohibits its workers age 65 and over from reentering the workforce due to higher risk for serious illness from COVID-19, this would violate the age discrimination law.
October 14, 2020 at 01:24 PM
4 minute read
As employers bring back their workforce to office environments, they would be wise to adhere to an axiom in employment law: Altruism often puts employers at risk for legal liability. The Centers for Disease Control and Prevention, the nation's preeminent authority on public health, has determined that certain categories of persons, including older persons, are at increased risk for severe illness from COVID-19. More specifically, the CDC has determined that the older you are, the greater the COVID-19 risk is. But before well-meaning employers act to safeguard this demographic, they should understand their legal obligations under the Age Discrimination in Employment Act and its state law equivalents.
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