Hi, I was recently impacted by company layoff due to workforce reduction/site closure. I noticed as part of my severance package, my OWBPA paperwork showed a disproportionate number of older workers impacted. All of us were 50+. Is this a sign of age discrimination?

10 Comments

1. AnonymousAugust 12,2024 at 9:49PM UTC

   I wouldn't know for sure, but I'd say you should have someone check into it. It sounds suspicious and it's more common than we all know.

2. AnonymousAugust 13,2024 at 1:38AM UTC

   I’d get an attorney and look into this. Could be a class action law suit, at least call an attorney for a free consult. Sounds you know who is on the list. Lobby them to do a lawsuit. Best case you settle for more severance and seek work elsewhere that appreciates you!

3. AnonymousAugust 13,2024 at 12:31PM UTC

   Typically, names are not provided on this list - titles and ages are, however, so one could deduce who is included.

4. AnonymousAugust 13,2024 at 10:49PM UTC

   Bingo! That's what I was able to do - based on who's names were on the list and who was at that particular site location, I was able to deduce who's who in the zoo.

   Also, turns out that some of the people on the list were not from the location where said "site closure" was happening. Now, I'm also wondering if they padded the list to force a RIF, and what was the reason for that?

5. AnonymousAugust 13,2024 at 3:11AM UTC

   You're right, my apologies for not providing clarity.

   In 1990, Congress amended the Age Discrimination in Employment Act (ADEA), adding the Older Workers Benefit Protection Act (OWBPA) to clarify the prohibitions against discrimination on the basis of age. The OWBPA is a federal law that requires employers to offer older workers (those who are at least 40 years old) benefits that are equal to or, in some cases, cost the employer as much as, the benefits it offers to younger workers. The OWBPA also sets minimum standards for an employee waiver of the right to sue for age discrimination, designed to ensure that the waiver is knowing and voluntary. Under the Older Workers Benefit Protection Act, employees over 40 are entitled to various employee benefits such as severance pay and cannot be pressured into signing legal waivers. It establishes specific requirements for a “knowing and voluntary” release of ADEA claims to guarantee that an employee has every opportunity to make an informed choice whether or not to sign the waiver. It acts as a safety net to ensure older and vulnerable workers aren’t unfairly laid off from work and don’t experience age discrimination.

6. AnonymousAugust 13,2024 at 12:31PM UTC

   If they are actually providing you with that information (I know they are required to do so, but at the same time, they know how it's going to look when people see it), they have likely vetted it out and justified who stays and goes because they know they are going to likely to have argue this at some point. That said, you can certainly contact an attorney for a qualified opinion.

7. Tami L CannizzaroAugust 13,2024 at 7:07PM UTC

   I'm no expert at this, yet I *thought* this happened if the company was asking terminated employees to sign waivers that they would not take action against the company. And if so, the company also had to provide a list of terminated employees by ages and titles, a list of ages of employees who remain, details of the termination offer (who is eligible). During a layoff years ago, the company I was with provided such a list (anyone over 40 should receive this as protected class)

8. AnonymousAugust 13,2024 at 10:47PM UTC

   Hi Tami, yes you are correct. The company "eliminated" our jobs citing site closure. It just so happens all of us that were impacted were 50 and above. This is what I observed from the OWBPA notice, which is the reason this was put into law for older workers to ensure they were not being singled out.
   Also, the company provided all of the lists you've outlined here with the exception of "eligibility factors", which is another thing.

9. AnonymousAugust 13,2024 at 10:56PM UTC

   Yes, after reviewing the exit paperwork, I was able to make this observation. This is the exact reason why the OWBPA was enforced into law to ensure older workers were treated fairly. Of course, not trying to prove intent here but it definitely "looks" a certain way.

10. Kris WolframAugust 14,2024 at 2:54PM UTC

    Typically it has a breakdown of

    the affected positions. For example, executive assistants 10 total employees. Those affected by age: 30 (2), 42 (2), 57 (1). Those staying: 25 (1); 35 (3); 58 (1)