Report to work, quit or be fired: Our boss just gave us an ultimatum

“If you’re offering flexibility to other workers and you’re treating older workers, comparable workers, less favorably because of their age, that could be a problem,” says Epstein Gluck. Even if the boss isn’t explicitly basing his decision on your age, however, his policy could still have what’s known as a disparate impact on older workers. “Disparate impact is an unintended consequence of a neutral rule on an impacted group,” Epstein Gluck explains. “If this would inadvertently negatively impact another group, whether intentionally or not, then the employer could have some risk.”