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Age Discrimination


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I have a comment and question about this subject.

 

It's really an issue anywhere people are employed.  We have had many employees who work for us for a long time, then get old and can't do the job anymore.  It's an extremely touchy subject when you are trying to let them go or make them realize they just can't do it any more.  You want to be as delicate as possible because you care about the person, but you also have to be extremely careful so that you don't trigger an EEOC claim and end up in legal trouble.

 

Now.....where this always leaves me scratching my head, is when I have conversations about coaching at Nebraska.  This subject came up in a thread on the football board and it reminded me about this subject.  (no, the fan I was having the conversation with over there is not necessarily who I am talking about here)

 

When I hire someone, I absolutely can not use age as a reason not to hire someone.  I can't even ask how old they are.  I can't ask when their birthday is....etc.

 

BUT.....I've had conversations with Husker fans before who are adamant that we need a "young coach".  "We need someone at the beginning of their career"...etc.  In this situation, age is used all the time.  Meanwhile, I know some of those fans would think I'm horrible if I use age as a reason not to hire someone.

 

So...why the difference?  Why is it OK for us to purposely eliminate coaches who are older because we want a younger coach....while it isn't OK for me to do that when I hire people?

 

 

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Because fans aren't hiring coaches. 

 

I think if a team is struggling and fans want somebody fired, they'll gravitate towards the opposite of what their current coach is. Say NU had hired a young first time head coach, and that coach was failing miserably, I would imagine the battle cry would be for an experienced and seasoned vet to come in and take his place. 

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It always comes down to skill set & experience.  Measurables.  

 

The only time age potentially would be an issue would be the similar to when a physical handicap would be an issue and that's only if it keeps them from doing a job.  For instance, if you are legally blind you could not do the job of a field sales person who needs to drive, unless you are willing to provide yourself a driver.  If you come to the interview with your "driver" and have all the measurable skills in the interview then you have to be considered.  If you work in a warehouse and your job entails lifting 100 pound boxes, and as you age you are no longer able to do that, or if you are an accountant and you can no longer remember tax code then it comes a matter of not fufilling the requirements of the job - age doesn't come into it.  Even if these things might be caused due to aging.

 

Age is not an issue - I think Fru's answer is right on track.  

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Do you not interview people face to face BRB? Yeah you can't ask how old they are but you sure can tell. Some of the jobs I have at my company require physical work, stamina, strength, etc. If I'm filling that type of job you better believe I'm paying attention to how old that person is. But yeah "officially" age is not a factor.

 

What I need help with now is how to get rid of some people who just can't do the work at an acceptable level or rate anymore. I can do it easily based on job performance but it should be simpler than having to CYA on every age discrimination angle. Of course it's related to their age, and their health, and their eyesight. The honest answer is they are just too old to do it any longer but we have to jump through hoops and pretend that isn't the problem.

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