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Utah State Employment Discrimination Laws Article
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A Summary On Age Discrimination In Employment Act
from:A summary on Age Discrimination in Employment Act can help those that are concerned that they have been the victim of age discrimination. By understanding the rights laid out by the Age Discrimination in Employment Act, which dates from 1967 and protects the rights of workers aged 40 or older, informed employees and those looking for work can be sure that they are being treated fairly in the work environment. The following is a summary on Age Discrimination in Employment Act, which can help all interested parties, from employers to employees, learn the facts.
What does the Age Discrimination in Employment Act prohibit?
Besides a broad ban of against age discrimination, the following is a summary on Age Discrimination in Employment Act and what it specifically prohibits:
• Discrimination in hiring, wages, promotions and layoffs or firing.
• Any claims of preference in age or age limitations made in job postings or job advertisements
• Refusing to give benefits to older employees.
• Mandatory retirement in most in most areas of work and phased elimination of mandatory retirement for tenured workers, like college professors.
The Age Discrimination in Employment Act only applies to employers of 20 or more employees. These 20 employees may include overseas employees as well. It also only applies to employers that are involved in interstate commerce.
What are the exceptions?
Following is a summary on Age Discrimination in Employment Act exceptions:
• An employer may reduce benefits based on age if the reduced cost is the same as the cost of full benefits for younger employees.
• Mandatory retirement is allowed for executives over the age of 65 in high ranking positions if they are entitled to a pension, which is over the minimum yearly amount.
• An age limit may be specified where age has been shown to be a (quoting from the act) “bona fide occupational qualifications reasonably necessary to the normal operation of the particular business.” This is called the BFOQ, for bona fide occupational qualifications. This can include obvious exceptions, such as a young woman hired to play a young character in a film, or in the interest of public safety, such as pilots or bus drivers.
• This law does not apply to employees of the state.
What kind of claims can be alleged?
The following is a summary on Age Discrimination in Employment Act claims that may be made:
• Less favorable treatment with a discriminatory motive, or Discrimination of Disparate Treatment
• An employment policy that seems neutral on the surface but affects the members of the protected group, or Discrimination by Disparate Impact.
• Creating a hostile work environment, whose effect unreasonably interferes with the employee, or Age-Based Harassment.
Those that have read this summary on Age Discrimination in Employment Act and find that they have experienced these abuses should consult the opinion of a lawyer to understand how they can be compensated.
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