October 23, 2026
Don’t Predict the Future – Even if You’re Right, You’re Probably Wrong
A 65-year-old employee’s job is identified as part of a reduction in force. The good news for the employee is that he would be reassigned to another position rather than laid off. The bad news for the employee is that his manager objects and tells upper-level management that the employee was “too old and slow,” would slow operations, cause safety issues, and “wouldn’t get the work done” because of his age. (OOPS)
Back to good news. Management disregarded the manager’s concerns and transferred the employee to the new position. His manager, however, believed his prediction was accurate. He observed the employee struggling with the work, taking “very small steps as if in pain” and he “visibly struggled.” The manager then asked the employee (1) how old he was; (2) how many years he had worked for the railroad; (3) and why he had not retired. (OOPS) The employee replied that he was “fine.” The manager then removed the employee from the job and told him the medical office would contact him.
The employee took the initiative, went to his own doctor, got a fitness for duty exam (FDE) and certification, gave it to his employer’s medical office, who then notified him he was cleared to return to work. The same manager, however, contacted the employer’s medical office and scheduled the employee for an FDE to be conducted by the employer’s medical officer (MO). The exam was witnessed by the employee’s union rep and a supervisor. The MO determined the employee failed the FDE. The supervisor agreed, the union rep did not.
The next day, the employee contacted the company’s ethics hotline to report his belief that he was removed from his job because his manager thought he was too old and slow.
You know what comes next. The employee filed a lawsuit alleging discrimination under the Age Discrimination in Employment Act (ADEA), plus ADEA retaliation and disability discrimination. The judge denied the employer’s request for summary judgement or to dismiss the ADEA discrimination claim and “set a telephone conference to discuss a trial date.”
Lessons learned? I wonder if the employee would have even filed a complaint with his employer, much less filed a claim in court, if his manager had not (1) scheduled a second medical exam after the employee provided a FDE certification from his own physician; and (2) mentioned the employee’s age and retirement. Not once does the court mention HR or human resources. Train your managers! Don’t go it alone. If you have concerns about an employee’s ability to safely perform the essential functions of the job, talk to HR before you take action.
