It shouldn't surprise you that making employment decisions because you think an employee is too old can get you into a lot of trouble. Bottom line, if you target someone for negative treatment because of their age - sooner or later, you're going to end up defending yourself to your employer, to an opposing attorney, a government agency, or even a judge or jury.
The law is pretty clear, adults over 40 in the workplace are a protected class. This short video clip does a great job showing how things like 'succession planning' can lead to larger workplace issues.
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