Reply to inappropriate talk in the office...but is it illegal?

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[quote=Anonymous]Does your company have 20 or more employees? If so and your boss isn't documenting and counseling the employee about her behavior and then fires her, the company could be at risk for an age discrimination suit. If she's in her 70's, she's going to be replaced by a younger worker and whether there are any facts to support it or not, she could probably get someone interested enough in her case to file a suit. She likely wouldn't win, but the company would have to go through the hassle of defending it. If it has documentation of her poor behavior and can show she was progressively disciplined for it, the suit wouldn't make it very far. But if there's nothing to support the company's justification (and even worse, positive performance reviews in her file), it's harder to make the case quickly go away.

The company shouldn't keep her because of the risk of such a suit, but it should be actively documenting the issues and documenting the steps they've taken to improve them so they can defend themselves if they ever fire her (which it sounds like they won't). 
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