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Managing An Aging Workforce Presented By  M. Kim Vance  [email_address] Baker Donelson Bearman Caldwell & Berkowitz, P.C. (615) 726-5600
Our Aging Workforce  Presents New Challenges   ,[object Object],[object Object],[object Object],[object Object]
What is the biggest challenge?
Managing An Aging Workforce Empower Your Management  Team to Manage
Empowerment ,[object Object],[object Object],[object Object]
Americans With Disabilities Act Amendments Act Effective January 1, 2009
Is “age” a disability under the ADA requiring reasonable accommodation? NO.
But many older workers develop medical conditions that may rise to the level of disabilities particularly under the new ADA amendments.  The result is that many older workers may need reasonable accommodations.
What Is A Reasonable Accommodation? Any change in the work environment or in the way things are customarily done that enables an employee with an ADA disability to perform the essential functions of the job.
May an employer apply the same quantitative and qualitative requirements for performance to disabled employees?   Yes.  Lowering or changing a production standard because an employee cannot meet it due to a disability is not considered a reasonable accommodation.
If an employee’s disability causes violation of a conduct rule, may the employer discipline the individual? Yes, if the conduct rule is job-related and consistent with business necessity.  The ADA does not protect employees from the consequences of violating conduct requirements even where the conduct is caused by the disability.
The EEOC says employers may ,[object Object],[object Object],[object Object]
Does the ADA require that employers exempt employees with disabilities from time and attendance requirements?   No.  An employer need not completely exempt an employee from time and attendance requirements, grant open-ended schedules (e.g., the ability to arrive or leave whenever the employee’s disability necessitates) or accept irregular, unreliable attendance.
You must, however, consider whether the FMLA plays a role in the application of attendance policies.
What is not reasonable? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
No Law Requires Special Treatment Just For Older Workers With Regard to Productivity, Quality, or Workplace Conduct Rules
Legal Risks Are Increased By ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
The New York Times July 26, 2007 “ When Whippersnappers and Geezers Collide”
“ Hello.  W.U.!”
“ When I was your age  . . . “
This is the first time in history that four generations are together in the workplace. ,[object Object],[object Object],[object Object],[object Object]
Generations at Work ,[object Object],[object Object]
Events and Experiences ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Events and Experiences ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Values ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Values ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Generational Interaction:  A n Example Traditionalists and Boomers may have a tendency not to question or challenge authority or the status quo. This may cause confusion and resentment among the Xers and Millenials who have been taught to speak up.
Generational Interaction:  An Example ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Generational Differences in Caregiving Responsibilities ,[object Object],[object Object],[object Object],[object Object]
When Generations Fail  To Communicate ,[object Object],[object Object],[object Object],[object Object],[object Object]
Generational Feedback ,[object Object],[object Object],[object Object],[object Object],[object Object]
Generational Feedback ,[object Object],[object Object],[object Object],[object Object]
Generational Work  Performance Expectations ,[object Object],[object Object],[object Object]
Valuing Differences ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
How Many Of Your Employees Are Baby Boomers (1946-1964)? ,[object Object],[object Object],[object Object],[object Object]
Should We Care? ,[object Object],[object Object],[object Object]
If the boomers leave the workplace in mass, they will take with them a wealth of talent and institutional knowledge sometimes referred to as the “brain drain.”
What’s Your Plan? ,[object Object],[object Object],[object Object],[object Object]
Managing An Aging Workforce Empower Your Management  Team to Manage
Empowerment ,[object Object],[object Object],[object Object]
 

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Mdtnshrm Managing An Aging Workforce

  • 1. Managing An Aging Workforce Presented By M. Kim Vance [email_address] Baker Donelson Bearman Caldwell & Berkowitz, P.C. (615) 726-5600
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  • 3. What is the biggest challenge?
  • 4. Managing An Aging Workforce Empower Your Management Team to Manage
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  • 6. Americans With Disabilities Act Amendments Act Effective January 1, 2009
  • 7. Is “age” a disability under the ADA requiring reasonable accommodation? NO.
  • 8. But many older workers develop medical conditions that may rise to the level of disabilities particularly under the new ADA amendments. The result is that many older workers may need reasonable accommodations.
  • 9. What Is A Reasonable Accommodation? Any change in the work environment or in the way things are customarily done that enables an employee with an ADA disability to perform the essential functions of the job.
  • 10. May an employer apply the same quantitative and qualitative requirements for performance to disabled employees? Yes. Lowering or changing a production standard because an employee cannot meet it due to a disability is not considered a reasonable accommodation.
  • 11. If an employee’s disability causes violation of a conduct rule, may the employer discipline the individual? Yes, if the conduct rule is job-related and consistent with business necessity. The ADA does not protect employees from the consequences of violating conduct requirements even where the conduct is caused by the disability.
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  • 13. Does the ADA require that employers exempt employees with disabilities from time and attendance requirements? No. An employer need not completely exempt an employee from time and attendance requirements, grant open-ended schedules (e.g., the ability to arrive or leave whenever the employee’s disability necessitates) or accept irregular, unreliable attendance.
  • 14. You must, however, consider whether the FMLA plays a role in the application of attendance policies.
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  • 16. No Law Requires Special Treatment Just For Older Workers With Regard to Productivity, Quality, or Workplace Conduct Rules
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  • 18. The New York Times July 26, 2007 “ When Whippersnappers and Geezers Collide”
  • 19. “ Hello. W.U.!”
  • 20. “ When I was your age . . . “
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  • 27. Generational Interaction: A n Example Traditionalists and Boomers may have a tendency not to question or challenge authority or the status quo. This may cause confusion and resentment among the Xers and Millenials who have been taught to speak up.
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  • 37. If the boomers leave the workplace in mass, they will take with them a wealth of talent and institutional knowledge sometimes referred to as the “brain drain.”
  • 38.
  • 39. Managing An Aging Workforce Empower Your Management Team to Manage
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