Is it discrimination to have nurses over the age of 40 give chemo while giving nurses under 40 easier assessments?

[Nurse Beth, MSN]

Depending on the context and the policies in place at the facility, it could potentially be considered discriminatory. For example, if the differentiation in tasks is solely due to age without valid professional or medical reasons, it could be considered age discrimination.

Under the Age Discrimination in Employment Act (ADEA) in the U.S., which protects employees 40 or older from age-based discrimination, age-based discrimination in the workplace is illegal. If nurses over 40 are given more demanding tasks, such as administering chemotherapy, while those under 40 are given easier assessments or less demanding work, this could be seen as a form of age discrimination.

However, other factors may also be involved, such as differences in experience, training, or physical ability. Assignments based on legitimate factors like these rather than age may not be discriminatory. That said, if age is the sole deciding factor without regard to individual capabilities or qualifications, it could violate the ADEA.

Talk with your educator or supervisor to learn about the policy for administering chemotherapy. It is possible that nurses of childbearing age, regardless of gender, can choose to avoid exposure to chemotherapeutic agents.

If the organization adheres to its policies, there probably isn't a case.

However, if you believe you are being treated unfairly because of your age, discussing this with HR or seeking legal advice to better understand your rights would be helpful.

Best wishes,

Nurse Beth