Memorandum on Age Discrimination; February 20, 1991; 3

By August 28, 2013

Do not use terms or phrases that have age-related implications in discussing or documenting your reasons for recommending an employment decision. Courts have allowed seemingly unbiased expressions such as the following to be considered as evidence of age discrimination: “eligible for retirement,” “need new blood,” “want to get rid of more highly paid employees,” “desire to encourage up and coming employees,” “looking for a fresh face,” and “want leadership into the next century.” In a case with which I am personally familiar, a supervisor’s joking comment that “we need to get rid of all these old biddies” came back to haunt him 20 years later.