I recently had a conversation with a client that I think is worth sharing because it touches on something many employers may face but hesitate to address—age and job performance.
The client had an employee who, by all accounts, was doing a good job. However, there was growing concern behind the scenes about the employee’s age and whether they could continue to safely and effectively carry out their responsibilities. The challenge? They hadn’t realized how old the employee was, and once they did, they weren’t sure what—if anything—they should or could do about it. That’s when they called me.
The first thing I reminded them of is this: Age is a protected class under federal and state anti-discrimination laws. Making employment decisions—whether it’s hiring, firing, or even assignment changes—based solely on someone’s age can open a business up to serious legal risk. Even good intentions can be misinterpreted if not handled properly.
That said, safety and performance expectations apply to everyone, regardless of age. So how can an employer make sure all employees are fit for duty, especially in roles that are physically demanding or safety-sensitive, without running afoul of the law?
Here’s the solution I recommended: Implement a neutral, across-the-board fitness-for-duty policy. This means setting a clear, consistently applied requirement that employees—regardless of age—may be asked to take a physical exam if their role requires a certain level of physical ability. Some companies choose to implement this at specific intervals (e.g., annually, or after a certain number of years in a role) or in response to observable performance concerns, not based on age alone.
A few key takeaways:
- Never make assumptions based on age. Performance and health vary widely, and age alone should never be the deciding factor.
- Establish clear job descriptions and physical requirements. This sets expectations and protects both the employee and the company.
- When in doubt, consult a professional. A quick conversation can help avoid big problems down the line.
In this case, the client was grateful for the clarity and now feels more confident in navigating the situation—while respecting their employee and protecting their business.
If you’ve ever had questions like this—or aren’t sure if your current policies are working for or against you—let’s talk. A little guidance can go a long way.
