Page 20 - BusinessWest October 3, 2022

Law
The Wrong Way to Handle an Aging Workforce
Recent Case Shows the Danger Lurking with ‘Stray Remarks’
A recent Massachusetts Appeals Court decision, reversing a lower- court decision to dismiss an age- discrimination complaint, may have repercussions for businesses of all kinds facing a transition in their workforce. The issue — and the ruling — go deeper than just the perceived discrimination itself, however, delving into questions about how much exposure an employer attracts by simply discussing matters of age in the workplace.
IBy Erica Flores, Esq. and John Gannon, Esq.
t is common knowledge that older workers are a major part of this country’s workforce. According to U.S. Census Bureau statistics, more than 35% of all essential workers are over age 50, and nearly 15% are over age 60. As the Baby Boomer generation approaches retirement age, employers often wonder whether they can talk to their employ-
ees about their retirement plans. Is this allowed, or does it run afoul of age- discrimination laws?
The short answer is that general discussions about retirement plans are fair
20 OCTOBER 3, 2022 LAW BusinessWest