Supplemental materials for LEAP 2025 session The Benefits Workshop
When tailoring benefits to appeal to younger members of your workforce, remember your older employees, too. It’s illegal to exclude employees from using any of your benefits on the basis of age.
Recent case: Located in an area of Ohio with limited affordable short-term apartment rentals, Cedar Point Amusement Park provides housing for seasonal employees who otherwise might not find a place to live. Rents are significantly lower than the prevailing local market rates. During 2021 and 2022, Cedar Point decided to offer subsidized housing only to seasonal employees aged 29 and younger. Those 30 and older were specifically excluded from the benefit.
As a result, the amusement park was unable to attract older workers because they would have no place to stay. This caught the EEOC’s attention after two applicants over age 40 turned down jobs because of the lack of affordable housing.
The EEOC sued, alleging that denying a benefit to workers over age 40 constitutes age discrimination under the Age Discrimination in Employment Act. Now, Cedar Point has agreed to settle the lawsuit by rescinding the restrictive housing policy, making apartments available to all employees 18 and older. The park will pay one of the applicants $32,875 while the other will receive $17,125. (EEOC v. Cedar Fair, ND OH, 2024)
Interested in joining HR Employment Law Advisor? For a limited time, LEAP 2025 attendees can get an annual membership at 30% off at https://www.hremploymentlawadvisor.com/leap30.
