Definition
Age Discrimination is the unfair treatment of individuals based on their age, particularly regarding employment and workplace practices. This includes denying privileges, benefits, job opportunities, and other rights entitled to employees or job applicants because of their age.
The Age Discrimination in Employment Act (ADEA) of 1967 was established to protect employees and job applicants who are 40 years of age or older from discrimination based on age in hiring, promotion, discharge, compensation, or terms, conditions, and privileges of employment. The act was amended in 1978 to protect employees up to 70 years of age and in 1986 to eliminate the upper age limit, effectively ending mandatory retirement on the basis of age in most sectors.
Examples
- Hiring Practices: A company refuses to hire applicants over the age of 50, prioritizing younger, less experienced candidates.
- Promotions: An employee in their late 50s is overlooked for promotion despite having equal or better qualifications than younger colleagues who are promoted.
- Training Opportunities: Older employees are excluded from training programs that could enhance their skills and career progression.
- Layoffs: During a reduction in force, a company disproportionately terminates older employees while younger employees with similar performance records retain their positions.
Frequently Asked Questions (FAQs)
Q: What are the key protections under the ADEA?
A: The ADEA protects employees aged 40 and above from discrimination in hiring, promotion, discharge, compensation, terms, conditions, or privileges of employment. The Act also restricts mandatory retirement ages in most sectors.
Q: Can a younger worker (under age 40) claim age discrimination under the ADEA?
A: No, the ADEA specifically protects workers aged 40 and older. However, some states have laws that provide broader protections to younger workers.
Q: What should an employee do if they experience age discrimination?
A: An employee should report the discrimination to their human resources department, file a complaint with the Equal Employment Opportunity Commission (EEOC), or seek legal counsel to explore their options.
Q: Are there any exceptions to the ADEA?
A: Yes, certain professions such as pilots and public safety officers, have mandatory retirement ages established for safety reasons. Additionally, small businesses with fewer than 20 employees may not be covered by the ADEA.
Related Terms
- Equal Employment Opportunity Commission (EEOC): The federal agency responsible for enforcing federal laws against employment discrimination.
- Mandatory Retirement: A policy that requires employees to retire at a certain age.
- Disparate Impact: Practices that adversely affect one group of people of a protected characteristic more than another, even if the rules are formally neutral.
- Disparate Treatment: Intentional discrimination against individuals based on their membership in a protected class.
Online References
- U.S. Equal Employment Opportunity Commission (EEOC)
- Legal Information Institute - Age Discrimination in Employment Act (ADEA)
- Department of Labor - Age Discrimination
Suggested Books for Further Studies
- “Age Discrimination in Employment” by Raymond F. Gregory
- “Aging and the Workplace: Research Perspectives on the Transition to Retirement” by Kenneth S. Shultz and Gary A. Adams
- “Preventing Age Discrimination in Employment” by Malcolm Sargeant
Fundamentals of Age Discrimination: Business Law Basics Quiz
Thank you for exploring the topic of age discrimination and tackling our challenging sample quiz questions. Continue your learning journey to ensure fair treatment and legal knowledge in the workplace!
