2 things you must not say to older workers.

Tough economic times find more baby boomers deciding to keep working. That should raise age-discrimination red flags for employers. The Age Discrimination in Employment Act makes it illegal to discriminate against employees and applicants age 40 and older because of their age.

The EEOC recently filed two lawsuits that highlight two obvious ways employers can trigger ADEA liability.

Case #1: John, who was older than 40, applied for a job with Exact Sciences, which makes and sells medical tests. He had extensive experience in medical sales and management. The hiring manager rejected John based on the starting pay he demanded--$110,000 per year. She said he was "overqualified" for the job. When John asked why he wasn't chosen, she told him that they were looking for "someone more junior that can be trained in the product and stay with the company for years to come." She then hired a younger candidate--and paid her a higher salary than John had requested.

John complained to the EEOC, which is now suing on his behalf. (EEOC v. Exact Sciences, DC CO, 2023)

Case # 2: Ruth had been working for J&M Industries for 19 years when she turned 65. In...