Age Discrimination In Employment - FAQs About It

The labor laws ratified in the early 1960s were devised to protect workers from employment discrimination, these laws were not intended to penalize employers from having their work done.

For employers and their workers to better understand the basics of age discrimination in regard to employment, it is essential that they have a better grasp of the frequently asked questions regarding law and their answers.

Age discrimination in Employment.

How does one define age discrimination? Age discrimination is defined as any situation that involves unfair treatment of workers or practices that show prejudice against employees based on ones age. It is against the law to hire, fire, or promote employees based solely on their age.

Does the law exclude anyone? You may ask.
The answer is, "yes it does". The law against Age discrimination in employment applies to companies and firms having an employee base of 20 or more. It is wise for small firms that have a small number of employees to make sure that they follow this law. This law is inclusive of labor organizations, employment agencies, and also government bodies too.

Age Discrimination in Employment Act (Age Discrimination Act) protects individuals who are 40 years of age or older from employment discrimination based on age. The Age Discrimination Act's protections apply to both employees and job applicants. Under the Age Discrimination Act, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

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 Age Discrimination Act.

The Age Discrimination Act applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government. Age Discrimination Act protections include:

Job Notices and Advertisements
The Age Discrimination Act 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.

* Pre-Employment Inquiries
The Age Discrimination Act does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the Age Discrimination Act.

* 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 Age Discrimination Act or if the EEOC grants a specific exemption.

* Benefits
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the Age Discrimination Act 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 would create a disincentive to hire older workers. Therefore, in limited circumstances, an employer may be permitted to reduce benefits based on age, as long as the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

* Waivers of Age Discrimination Act Rights
An employer may ask an employee to waive his/her rights or claims under the Age Discrimination Act either in the settlement of an Age Discrimination Act administrative or court claim or in connection with an exit incentive program or other employment termination program. However, the Age Discrimination Act, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid Age Discrimination Act waiver must:

a) be in writing and be understandable;
b) Specifically refer to Age Discrimination Act rights or claims;
c) not waive rights or claims that may arise in the future;
d) be in exchange for valuable consideration;
e) advise the individual in writing to consult an attorney before signing the waiver; and
f) Provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it.

If an employer requests an Age Discrimination Act waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.