LIABILITY TRENDS the age of 55 in the labor force is expected to rise to nearly 25 percent by 2024 ( up from 13 percent in 2001 ). This demographic shift makes it increasingly important for employers to take steps to minimize the potential for age discrimination issues within the workplace . After all , the Age Discrimination in Employment Act ( ADEA ) forbids age discrimination against employees and job applicants aged 40 and over .
Despite the ADEA , however , a recent study found that 21 percent of US employees have reported experiencing workplace discrimination based on their age . Such discrimination can lead to poor staff morale , a tarnished organizational reputation , and an increase in EPL claims . With this in mind , it ’ s important to review your organization ’ s employment practices to ensure you are fostering a workplace culture that rejects ageism .
WAGE , LEAVE , AND SALARY HISTORY As wage and hour laws continue to change
across the country , it ’ s critical that your organization regularly reviews state-specific legislation related to minimum wage , employee classifications ( e . g ., hourly or salaried ), overtime pay , sick leave , and other paid time off . A failure to provide your staff with adequate wages or paid leave could lead to various EPL claims .
An employer ’ s ability to obtain their employees ’ prior salary history has also become a rising concern . In fact , in some states , recent legislation now prohibits employers from requesting or requiring salary history from a job applicant as a condition of being interviewed , hired , or even considered for a position . In light of these changes , it ’ s best to speak with legal counsel for state-specific employee wage , leave , and salary history guidance .
MARIJUANA LEGALIZATION Following the 2020 election results , medical marijuana is now legal in 36 states and recreational marijuana is now legal in 15 states . As marijuana legalization becomes increasingly commonplace across the country , it ’ s crucial for your organization to review any state-specific legislation and adjust workplace policies and procedures accordingly .
Specifically , some states have enacted legislation that restricts an employer ’ s ability to conduct drug tests for marijuana . Further , several state court cases have ruled in favor of the employee in recent employment lawsuits related to marijuana usage . This includes a case in which a disabled employee sued their employer for alleged workplace discrimination due to medical marijuana usage as well as a case in which an employee sued their employer for alleged wrongful termination due to a positive drug test for marijuana .
Your organization may need to reconsider or revise procedures related to conducting workplace drug tests for marijuana or basing employment decisions on an employee ’ s marijuana usage as these practices could potentially contribute to EPL claims . Be sure to consult legal counsel for state-specific compliance guidance on this topic . +
As marijuana legalization becomes increasingly commonplace across the country , it ’ s crucial for your organization to review any state-specific legislation and adjust workplace policies and procedures accordingly .
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