When Can an Employer Consider Age in Assigning Job Roles

My question involves labor and employment law for the state of: Colorado

I am a newly appointed manager at a hotel. I have worked here for several years. We have a great staff that i know well and everyone is a team player, with one exception. We have a housekeeper who is in her late 70's. She has worked at the hotel for about 4 or 5 years, and we have always cut her a break on her work load. However, lately, it has become apparent that she just cannot handle the hard labor that being a housekeeper involves. She will not finish her work, leaving it for others, because she is "too old" (her words). She will not help when needed and just all around seems to do what she wants. At first, I didnt really mind. I would pick up her slack here and there. But lately, it has gotten worse and I can tell it is affecting her coworkers. They work hard all day, and then have to help her finish a work load, which is less than half, of what theirs is each day. And in the end, she actually gets paid more, because she has been here longer and her wage is a bit higher. I have talked with her about how she may make her coworkers feel and tried to explain the situation to her. I have offered her mulitple positions in the hotel that are far less strenuous and even promised the same amount of hours per week. She refuses to budge or change.

I guess my question is: As an employer, what are your options when you have an employee that literally cannot do the job any longer because of their age? I do not plan on firing this employee. However, if I did, would it be ageism?

No. It is not ageism to fire someone who is literally unable to do the job. In fact, it may come to the point where you do not have any choice. If she cannot do the job she is in, and she refuses any transfer, firing her may be the only option you have left. And it would be perfectly legal.

Terminating an employee for their failure to perform the job properly is legal, no matter the age, race, gender, etc.

However, people will often sue when they percieve it as something else. Document any incidents of her failing to perform the assigned tasks, any conversations you have on the subject, or complaints. If the problem continues you can simply give it to her straight, either she agrees to transfer to a position that she can handle or you will terminate her.

Although she may be a wonderful person, if you coddle her along and make others pick up her duties you'll only breed distrust and resentment from your hard working employees.

Sometimes the best thing to do is terminate a person.

Thanks for the quick responses! I believe it will come to the point where there will have to be an ultimatum, probably sooner rather than later. And on top of our other employees becoming resentful, I am very worried about her getting hurt on the job. It's a liability and just not an efficient way to run a business.

Thanks again!

That would be best. Legally, she does not have the option of declining a transfer unless you choose to give it to her. It is within your power to insist on the change.

It would be ageism if she was capable of doing the job, and doing it, but you wanted her out because of her age. It is your right and your duty to see that all employees are capable of doing the jobs they are assigned to and if they are not, to do something about it.

I would properly document her failures, with warnings, then terminate her or cut her hours.

Why are you asking an employee if they want a transfer rather than telling her?

When Can an Employer Consider Age in Assigning Job Roles Never, unless we're talking about a minor child. An employer can always consider an individual's ability to do a job.

If your employee is unable to perform the job any longer, then as kindly as possible you should explain that to her and tell her that her options are this other position you have available or no job - her choice. Her co-workers have "carried' her as long as they can but clearly that's just not possible (or right) any longer.

I guess I sort of gave her the choice thinking she would be reasonable and take the easier position. I have only been acting manager for a short time and she has worked here for longer than I have. Before that, I was a front desk clerk. But that's a whole other issue! haha. I guess I just need to grow a pair and tell her how it is going to be. I'm still learning, and I suppose being a bit too easy on her. Now you guys have gotten me all riled up about it! I will probably just speak to our head housekeeper, who is aware of the problem, and have her report back to me and we can go from there. I know it's business. But this job is almost all this lady has. No family near by, no other hobbies or activities. I almost felt badly that she was getting under my skin because I am about a 1/3 her age and you should respect your elders, right!? But, I guess at this point, Ill just have to sit her down and respectfully explain what needs to be done and why.

thanks again for all of the feedback! :)

I feel for anybody in their late 70's who's still working. She's probably doing so out of financial necessity. If she's a widow/lives alone, she may also enjoy the social interaction. But if she can't do the job any longer (and houskeeping is tough work!), then it's time to do just as you say - sit her down and respectfully tell her that you're transferring her to a different position that she's better capable of performing.