“Proving age bias gets tougher” was the title of the article in Sunday’s Star Tribune that caught my eye.  As age discrimination complaints rise, the U.S. Supreme Court ruled that a case brought under the Age Discrimination in Employment Act now has to prove that their age was the only factor in the employment decision (not just one factor as it used to be.)  While this bothers me (why is it “more okay” to discriminate on the basis of age then it is to discriminate on sex or race?) it begs the question:  Why are employers making age related decisions?

The article outlined a few cases where an employee was told to get rid of “old coots” and an older employee was denied travel reimbursements that the younger co-workers received.  My challenge to employers is to focus on what bars you are setting for performance and enforce them consistently.  If you have an employee who isn’t performing, no matter what the age, document it, use progressive discipline, and work them out of your organization for legal (and moral) reasons.  There is no reason to keep an under producing employee at any age just as there is no reason to get rid of a productive employee who is “old.”