Human Resources Perspective – Age Discrimination:
Policy/Procedure: Hiring should be done in compliance with federal and state laws and regulations. Discharging or discrimination against an employee violates the Age Discrimination in Employment Act of 1967 regardless of who the individual is replaced by. It is a violation of the law to make employment decisions based on age.
Implementation: Age should not be a consideration in any employment decisions. Decisions should be based on merit and the ability to meet the criteria of the position. Educate during new hire orientation and periodically train supervisory employees to avoid age or any other discrimination.
Audit: Periodically assess the discrimination prevention policy/procedure and implementation with internal and external audits to ensure they are comprehensive, complete, and current.
The Michigan Department of Health and Human Services, which runs the Kalamazoo Psychiatric Hospital, violated federal law by denying hire to an older applicant and constructively discharging an older employee because of their ages, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a 
lawsuit filed September 28. According to the EEOC lawsuit, a 56-year-old woman was a qualified applicant who had been unanimously recommended by an interview panel to be hired as a clinical social worker at the hospital. The 31-year-old clinical services director instead selected a much younger employee, citing his preference for younger workers. The same clinical services director supervised another older worker, a 60-year-old woman, who worked as a clinical social worker for the hospital. When the clinical services director became her supervisor in November 2015, he gave her the least desirable assignments, scrutinized her work closer than her colleagues, and wrote her up. As a result, she took a medical leave of absence and subsequently retired. Such alleged conduct violates the Age Discrimination in Employment Act, which protects individuals who are 40 years of age or older from employment discrimination based on age.
