Older Workers, Cognitive Impairment, and Discrimination

An aging workforce is forcing employers to deal with the challenge of workers who may develop cognitive impairments. Federal law prohibits workplace discrimination based on age and disability and sets limits on permissible policies. Mandatory retirement, with only a few exceptions, has been eliminated, and age-related screening likely violates antidiscrimination statutes. Employers are permitted to target assessments at workers who show signs of impairment. Applying that rule in a fashion that is fair to employees, and protective of the interests of employers and the public, is the difficult, but vital, task ahead.