What does the Older Workers Benefit Protection Act OWBPA require from employers?
The OWBPA is a federal law that requires employers to offer older workers (those who are at least 40 years old) benefits that are equal to or, in some cases, cost the employer as much as, the benefits it offers to younger workers.
What qualifies as a reduction in force?
A reduction in force (RIF) occurs when a position is eliminated with no intention of replacing it and results in a permanent cut in headcount. An employer may decide to reduce its workforce by terminating employees or by means of attrition.
What to consider when laying off employees?
Avoid Legal Problems
- Have a legitimate business reason.
- Check written personnel policies.
- Review actual policies and past practices.
- Check employment contracts.
- Review collective bargaining agreements.
- Consider offering severance or other termination benefits.
- Decide what the company will need going forward.
Under which circumstances would the EEOC consider obesity to be a disability?
Morbid obesity, however (i.e., weight that is 100% or more over what is considered normal) is an impairment, and it will be considered a disability if the applicant or employee can show that it substantially limits a major life activity, substantially limited a major life activity in the past, or is regarded as …
What is a group layoff under OWBPA?
The ADEA and OWBPA impose more extensive requirements for terminations under a Group Program. What is a group layoff? Generally, a group layoff program exists if the employer offers additional consideration in exchange for signing the waiver to more than one employee.
What are examples of Age Discrimination?
Workplace Rights: Six Examples of Age Discrimination
- Disproportionate Hiring of Younger Employees.
- Little Opportunity for Advancement for Older Workers.
- The Targeting of Older Workers in Layoffs/Staff Reductions.
- Isolation of Older Employees.
- Age-Based Workplace Harassment.
- Unfair or Unreasonable Disciplinary Action.
What is a group under OWBPA?
A “group” termination program subject to the OWBPA’s enhanced notice requirements occurs whenever more than one employee is terminated during a six-month period as part of the same decision-making process.
What is a group termination under OWBPA?