September 1, 2020

Too Early Retirement

For some, early retirement is a chance to do something else, to spend more time with family, or pursue a passion put off by work.  But for others, early retirement, also known by the euphemistic “involuntary separation,” has been an unwelcome occurrence and reminder of people’s status within the workforce, and this trend has been increasing in recent times. Now, this year, as many businesses shed jobs in a cost-saving effort related to the pandemic, employers are using the pandemic as an excuse to force early retirement on employees reports the New York Times.

According to economists the once vaunted “experience” of older employees resulted in higher salaries and greater security. But this has been eroding in the face of a changing economy and a lack of enforcement of age-related employment discrimination laws. This trend has accelerated rapidly since March when the pandemic forced many companies to cut costs, shift to remote work, or shut down completely. Indeed, since March, according to figures, almost 3 million workers between 55 and 70 have left the job market and are not seeking work, with another million projected to follow suit by the end of the year. Researchers say this is twice the rate departure from the job market that the same age cohort experienced during the 2007-2009 recession.

As we’ve noted time and again, unemployment has been particularly devastating to women and people of color and older workers in those groups are experiencing great difficulty with many raiding their savings or retirement funds just to pay rent or buy groceries. Additionally, older workers in some industries, such as hospitality, construction, and education have seen significant job loss. When you add on top of this the tremendous burden of weighing health against employment, older workers are in a uniquely fraught position.



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Employers Can Create the Future We Deserve, or Exacerbate Discrimination Against Parents - Especially Women

October 6, 2020
Gender Discrimination
Paid Family Leave
More than 865,000 women “left” the labor market in September 2020, demonstrating that the COVID pandemic is forcing women out of work. One in four women who are still in the workforce are considering downshifting their careers, or leaving the workforce entirely, due to the pressures of work and family care.Employers who are concerned about retaining their employees who are parents, especially mothers, can take some steps to ensure that parents are not forced to “choose” their families over their careers.

Employers Should Heed Doctor’s Advice When Accommodating Workers

October 6, 2020
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According to Peeples v. Clinical Support Options, Inc., No. 3:20-CV-30144-KAR, 2020 WL 5542719 (D. Mass. Sept. 16, 2020), providing the plaintiff with a mask was insufficient accommodation, holding “a majority of these so-called accommodations are workplace safety rules rather than an individualized accommodation to address Plaintiff’s disability.”

Employer-based Health Insurance on Shaky Ground

September 29, 2020
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Employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

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