A construction company has 20 employees and wants to terminate a 55-year-old project manager for poor performance. To avoid potential age discrimination claims under ADEA, the company should:
Correct Answer
B) Document performance issues thoroughly and follow established progressive discipline procedures
Proper documentation of performance issues and following established procedures provides the best protection against age discrimination claims. The company must show the termination was based on legitimate business reasons, not age.
Why This Is the Correct Answer
Option B is correct because thorough documentation of performance issues and following established progressive discipline procedures creates a clear paper trail showing the termination was based on legitimate business reasons rather than age. This approach demonstrates that the company applied consistent standards and gave the employee opportunities to improve. Under ADEA, employers can terminate older workers for legitimate performance reasons as long as they can prove the decision was not motivated by age discrimination.
Why the Other Options Are Wrong
Option A: Wait until the employee turns 65 to terminate
Reducing responsibilities to force the employee to quit voluntarily (constructive discharge) is an illegal practice that can still result in discrimination claims and may violate other employment laws.
Option C: Offer early retirement instead of termination
Waiting until the employee turns 65 would be clear evidence of age-based decision making and would likely constitute age discrimination, as it shows the company is specifically considering the employee's age in employment decisions.
Option D: Reduce the employee's responsibilities until they quit voluntarily
Offering early retirement instead of termination could actually suggest that age was a factor in the decision, potentially strengthening an age discrimination claim rather than preventing it.
Memory Technique
Think 'DOCUMENT AND DISCIPLINE' - proper Documentation and established Discipline procedures are your best Defense against Discrimination claims.
Reference Hint
Florida Construction Industry Licensing Board study materials, Employment Law section, or general business law chapters covering Age Discrimination in Employment Act (ADEA)
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