McGuireWoods London associate Adam Penman wrote a Nov. 2, 2020, article in People Management magazine about potential age discrimination risks tied to COVID-19, compensation for the stigma of bringing a claim and the new state pension age for women.
Instead of implementing a blanket response to the pandemic, employers must assess specific risks and tailor plans accordingly, Penman wrote, especially with regard to employee age. He noted that, unlike other protected characteristics, “direct age discrimination can be objectively justified if there is a proportionate response to achieve a legitimate aim.”
Penman highlighted a relevant case regarding compensation for the stigma of bringing an age-discrimination claim. He also documented the newly raised state pension age for women, tied to a recent legal claim of age and sex discrimination against women born in the 1950s.