What a Rise in Older Workers Means for Comp

In a Business Insurance article, Woods Rogers Principal and employment attorney King Tower weighs in on the workers’ compensation consequences of an aging workforce. As more employees work into their later years, employers are adopting safety measures, but legal experts caution that these tools must be tied to actual job requirements – not age-based assumptions – to avoid potential age discrimination.

“Employers are entitled to look at the job duties of the position and take measures to make the performance of those duties safer,” King told the publication in an interview. “Where it gets dangerous is allowing concern over (safety training) costs to reduce job opportunities for older workers.”

King reminds employers that federal and state laws allow for the implementation of safety standards if they are based on legitimate business needs and applied consistently. However, problems arise when employers rely on stereotypes about what older workers can or cannot do.

“You can’t enhance job requirements in a way that screens people out,” King added. “You also can’t make assumptions about an applicant’s abilities based on age.”

Ultimately, with more older workers in the workforce than ever before, employers should be mindful of age discrimination laws.

Read the full article in Business Insurance here.