Learn how to become an employment attorney
Learn how to become an employment attorney
A variety of federal and state laws prohibit employers from discriminating against applicants and employees according to age. It follows that although stereotypes about older folks abound in our society, companies aren't permitted to rely on them when making official decisions.
The federal Age Discrimination in Employment Act, or ADEA (29 U.S.C. 621-634), is the major federal law which prohibits employers from discriminating against applicants and employees that are at least 40 years old according to age.
The ADEA protects employees from age discrimination at each stage of the employment relationship, such as job advertisements, interviewing, hiring, compensation, promotion, discipline, job evaluations, demotion, training, job duties, and conclusion. The U.S. Supreme Court has held that the ADEA prohibits policies and practices which are apparently impartial but have a negative effect on older employees (disparate impact), in addition to those who explicitly treat older employees less favorably than younger employees (disparate treatment).
Does the ADEA prohibit employers from discriminating against older employees in favor of people who are younger than 40, in addition, it prohibits employers from discriminating among older employees. By way of instance, an employer can't employ a 43-year-old instead of a 53-year-old simply according to age.
The ADEA applies to all private employers with 20 or more workers and to national and local authorities. Additionally, it applies to state authorities, although their workers can't sue them straight for age discrimination.
The federal Older Workers Benefit Protection Act, or OWBPA (29 U.S.C. 623 and after ), amended the ADEA to make it illegal for companies to utilize a worker 's era as a basis for discrimination in benefits and retirement. Like the remainder of the ADEA, the OWBPA only protects individuals that are at least 40 years of age.
The OWBPA prohibits age discrimination in the provision of health benefits, including life insurance, medical insurance, disability benefits, pensions, and retirement benefits. Normally, this means that companies must offer equal advantages to younger and older employees. For some forms of advantages, however, companies can satisfy this nondiscrimination condition by paying the identical amount on the advantage offered to every group, even when older employees receive lesser gains. In certain conditions, employers will also be permitted to offer lesser benefits for older employees if those employees get additional benefits -- in the authorities or the company -- to make up the gap.
State Laws
Many state laws also prohibit discrimination on the grounds of age. Even though some of the laws basically mirror national law and shield just workers that are at least 40 years older, other state laws are wider and protect employees of all ages.
State laws have a tendency to apply to companies with fewer than 20 workers, which means that your employer may need to obey your state law if it isn't covered by the national law.
To Learn More about this ADEA, the OWBPA, and age discrimination legislation in your country, take a look at Your Rights at Work, by an employment attorney.
