At the Middle Tennessee SHRM luncheon on April 23, 2009, we discussed Managing an Aging Workforce. The attached PowerPoint Presentation highlights the key points of our discussion from a legal and human resources prospective.

1. Managing An Aging Workforce Presented By M. Kim Vance [email_address] Baker Donelson Bearman Caldwell & Berkowitz, P.C. (615) 726-5600

3. What is the biggest challenge?

4. Managing An Aging Workforce Empower Your Management Team to Manage

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.

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.

16. No Law Requires Special Treatment Just For Older Workers With Regard to Productivity, Quality, or Workplace Conduct Rules

18. The New York Times July 26, 2007 “ When Whippersnappers and Geezers Collide”

19. “ Hello. W.U.!”

20. “ When I was your age . . . “

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.

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.”

39. Managing An Aging Workforce Empower Your Management Team to Manage