Facts About Age Discrimination
Who the ADEA Protects
The Age Discrimination in Employment Act of 1967 (ADEA) protects applicants and employees who are 40 years of age or older from employment discrimination based on age.
Who the ADEA Covers
The ADEA applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations and the federal government.
Actions Prohibited By the ADEA
Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. Harassing an older worker because of age is also prohibited.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.
ADEA protections also include:
- Advertisements and Job Notices
The ADEA generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. A job notice or advertisement may specify an age limit only in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the normal operation of the business.
- Apprenticeship Programs
It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption.
- Pre-Employment Inquiries
The ADEA does not explicitly prohibit an employer from asking an applicant's age or date of birth. However, such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, contrary to the purposes of the ADEA. If the information is needed for a lawful purpose, it can be obtained after the employee is hired.
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits to younger workers, and that those greater costs might create a disincentive to hire older workers. In limited circumstances, an employer may be permitted to reduce certain benefits based on age, as long as the cost the employer incurs to provide those benefits to older workers is no less than the cost of providing the benefits to younger workers.
Employers are permitted to coordinate retiree health benefit plans with eligibility for Medicare or a comparable state-sponsored health benefit.
- Waivers of ADEA Claims or Rights
The ADEA sets specific requirements that permit waivers of claims or rights in certain circumstances. Waivers are common in settling discrimination claims or in connection with exit incentive or other employment termination programs. To be valid, the waiver must meet minimum standards to be considered knowing and voluntary. Among other requirements, a valid ADEA waiver must:
- be in writing and be understandable;
- specifically refer to ADEA rights or claims;
- not waive rights or claims that may arise in the future;
- be in exchange for valuable consideration in addition to anything of value to which the individual already is entitled;
- advise the individual in writing to consult an attorney before signing the waiver; and
- provide the individual with a certain amount of time to consider the agreement before signing:
- For individual agreements, at least 21 days,
- For "group" waiver agreements, at least 45 days,
- For settlements of ADEA discrimination claims, a "reasonable" amount of time.
If an employer requests an ADEA waiver in connection with an exit incentive or other employment termination program involving a group, the minimum requirements for a valid waiver are more extensive. See Understanding Waivers of Discrimination Claims in Employee Severance Agreements" at https://www.eeoc.gov/policy/docs/qanda_severance-agreements.html
Age Discrimination in Employment Essays
1726 Words7 Pages
There has always been some “ism” that social movements have fought against throughout America’s history, and the issue of “ageism” was finally addressed in The Age Discrimination in Employment Act. Ageism can be defined as prejudiced beliefs, attitudes, and behaviors pertaining to older adults. To understand the ADEA fully, a brief history of age discrimination is useful to comprehend the Structural Level of this bill. Discrimination based on age was not a large issue until the beginning of the 20th century, mainly because it was a tacit form of discrimination. For the most part, people worked until they were at an age where they did not feel useful, and for the rest of their lives their families would take care of them. Industrialization…show more content…
The GDP was more than doubled between 1940 and 1960, and many brand new jobs were generated in both industrial type jobs and the growing service sector. Due to all the development and modernization, a much more efficient and educated workforce was required, which began to exclude less educated older workers from employment. After World War II, the workplace was changed forever because of the new technology which exterminated many jobs, and employees were expected to know more than ever and work very quickly. When the "baby boom" generation was in its youth, the workplace again was changed by the glut of young workers. Those who were old or even middle age started to meet more pressure to leave the workforce entirely, and retire. It was also common for the elderly to be forced out entirely. Older workers who were women or part of minority groups faced particularly daunting odds because they had not one barrier but two in the way of being employed. Technology again played a large role in keeping older workers out of the workplace because many of the younger workers had taken computer classes and had experience with it. All of these factors led to the reaction of the public and government, which took action to even the playing field for all Americans.
The types of discrimination that went on before the ADEA resulted in many law suits against corporations. Discrimination is judged by either direct or indirect Evidence under the law. However,