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Age Discrimination
The Age Discrimination in Employment Act of 1967 (ADEA)
protects individuals who are 40 years of age or older from employment
discrimination based on age. The ADEA's protections apply to both
employees and job applicants. Under the ADEA, it is unlawful to
discriminate against a person because of his/her age with respect to any
term, condition, or privilege of employment-including, but not limited
to, 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
fling an age discrimination charge, testifying, or participating in any
way in an investigation, proceeding or litigation under the ADEA.
The ADEA applies to employers with 20 or more employees,
including state and local governments. It also applies to employment
agencies and to labor organizations, as well as to the federal
government.
IMPORTANT FACTS ABOUT AGE
DISCRIMINATION
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The ADEA
makes it unlawful to include age preferences, limitations, or
specifications in job notices or advertisements. As a narrow exception
to that general rule, a job notice or advertisement may specify an age
limit in the rare circumstances where age is shown to be a "bona fide
occupational qualification" (BFOQ) reasonably necessary to the essence
of the business.
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The ADEA
does not specifically prohibit an employer from asking an applicant's
age or date of birth. However, because such inquires 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 ADEA.
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The Older
Workers Benefits Protection Act of 1990 (OWBPA) amended the ADEA to
specifically prohibit employers from denying benefits to older
employees. An employer may reduce benefits based on age only if the
cost of providing the reduced benefits to older workers is the same as
the cost of providing benefits to younger workers.
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At an
employer's request, an individual may agree to waive his/her rights or
claims under the ADEA. However, the ADEA, 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.
If you
believe that you have been the victim of age discrimination, contact our
office, anytime, at 800-437-2571 for a free, no obligation
consultation with one of our qualified employment law attorneys to
determine if you have a potential discrimination lawsuit or use our
convenient "Do I have a case?" submission
form.
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