“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: Can I Delay An Older New Hire’s Start Date to Protect Them?

Question: We recently hired an older individual whose start date is next Monday, but I would like to push back their start date because we’ve just had an employee test positive for COVID-19. Would this be allowed? We will be testing everyone in the workplace, but I know older employees may be at higher risk.

You will need to tread carefully here. Pushing back an employee’s start date because of their age would be a clear case of age discrimination, even if you’re operating with the best of intentions. Age discrimination is illegal under the federal Age Discrimination in Employment Act (ADEA), and a similar state law may apply as well. It’s also generally inadvisable to make assumptions about employees based on their age as these assumptions can lead you to treat employees differently based on their age, risking the loss of trust, hurt feelings, and discrimination claims.

What you can do is explain the situation to any new hires who haven’t started yet and ask them what they’d like to do.

Answer from Daniel, SHRM-CP:
Daniel has over 12 years of experience in the communications, government relations, political advocacy, and customer service fields. He has a BS in Journalism and Communications. He has run a small business of his own and sat on the Board of Directors of several local non-profits. In his free time he enjoys cooking, hiking, camping, and home brewing.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

0 Comments
Inline Feedbacks
View all comments
Author picture

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
All
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
HR Q&A

Q&A: Are We Required to Update Expired I-9 Documentation?

You would only update a Form I-9 if the expired document pertains to a limited period of employment authorization. You should never reverify U.S. citizens
Read More →
Affirmation

Affirmation: What Is The Limiting Factor In Your Life?

No matter how far you’ve come in life, you’re still held back by a limiting factor. Even if you’re a billionaire, there is something that’s
Read More →
Career Mondays

Career Monday: A Foolproof Formula for Cutting Down on Excessive Meetings

    Are you unable to complete your work because meetings are eating up your time? One study found that the average senior manager spends
Read More →
Share via
Copy link
Powered by Social Snap