Can older workers be laid-off?
State and federal law protects most workers age 40 and older from workplace discrimination. Wisconsin’s Fair Employment Law sections 111.31-111.395, Wisconsin Statutes applies to virtually all private and public employers, regardless of the number of employee’s. Federal age protections are contained in the Age Discrimination in Employment Act, known as the ADEA. The ADEA applies only to employers with 20 or more workers. As with other protected classes such as race, national origin, sex and disability, Wisconsin’s legislature declared that discrimination against qualified older workers unfairly denies their right to gainful employment. While state law promotes employment of older persons based on their ability rather than their age, employers may terminate a worker, irrespective of age, if he or she is physically or otherwise unable to perform essential job duties. However, an employer may be required to make a reasonable accommodation for a worker who is unable to perform essential jo
