Chances are good that some of your company’s workforce is aging, which is in line with the demographics of the United States. But in general, you cannot treat those employees any differently from the way you treat your younger workers. Otherwise, you may wind up in court.
Individuals over the age of 40 fall into a protected class created by the federal Age Discrimination Employment Act (ADEA). If your business has more than 20 employees, the ADEA provides protection from employment discrimination based on age. It also applies to state and local governments, employment agencies and labor organizations. The ADEA specifically covers hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.