The Age Discrimination in Employment Act (ADEA)

What is Discrimination?

In general, any practices that violate the Civil Rights Act are considered discrimination. This includes discrimination on the basis race, color, religion, sex, or national origins. There are also violations of the ADEA based on age

Age Discrimination

The Age Discrimination in Employment Act (ADEA) includes employers with a minimum of 20 employees, unions with at least 25 members or a hiring hall or employment agencies that provide services to employers who are covered by the act, as well as federal, state and local government agencies.

The Equal Employment Opportunity Commission (EEOC) is the organization that oversees fair labor practices in employment and prevents discrimination. Employers are required to keep information about the EEOC posted in the workplace and to keep records of hiring practices.

The ADEA generally bans discrimination against any person 40 years old and over. However, certain employees in an executive positions may be retired at age 65, if they are provided with certain retirement benefits. Other positions, such as tenured college employees and public safety employees may be subject to forced retirement.

Exception for Employee Benefit Plans

An employee cannot refuse employment to a person protected age group (40+) because of the wording of any benefit or retirement plans. Nor can employer force the retirement of a person in the protected (40+) groups because of the terms of a plan. Employees may elect to work beyond what their pension plan considers normal retirement age. Their additional service must be reflected in the plan and the regular contributions must be made for any additional time worked.

Exceptions

A proper retirement plan will not go against the stipulations of the ADEA. A less scrupulous plan may attempt to find a loophole or stipulation that will permit age discrimination. However, there are some cases where age limitations do apply.

Occupational Qualifications

There are some cases where employers may make an argument that the nature of a job requires age limitations on employees. However, the ADEA does not have a lot of flexibility in this interpretation.

The employer must be able to prove that there is a good reason for the age limitation across the board and that it is not able to prove job fitness on a case by case basis, such as individual testing.

Government Regulations

The standards set by the ADEA do not apply if age limitations are set by a federal stature or regulation. This is the case for airline pilots who are mandated to retire at age 60.

Apprenticeships

The ADEA does not apply in the case where programs are designed specifically to introduce a youthful populace into the job market. This includes apprenticeships and similar training programs.

Remedies for Age Discrimination

The powers of the ADEA are tied to the Fair Labor Standards Act. A complainant can sue for back-pay that they are owed because of an unjust termination. The award can be doubled if it is proved that the employer deliberately violated the ADEA.

Both are entitled to a jury trial. Attorney's fees can be awarded to the party who wins the case. In the case where an employer is found to have prevented enforcement of the ADEA, there can be further consequences. These can include a maximum fine of $500
Further violations can result in a one year prison term.

Filing a Charge of Discrimination

A person must file a charge with EEOC and wait 60 days before taking a suit to Federal Court. Charges must be filed with the Commission within 180 days of the discriminatory action from the Employer

If the discriminatory act takes place in a state that has an age bias law, the time periods differ. The charge must then be filed with EEOC within 30 after the state has finished dealing with the matter or within 300 days. This depends on what qualifies as the earliest time period. In most cases the EEOC will attempt to resolve the alleged allegation without court involvement.

The same standards are required to prove unfair treatment in age bias cases that exist in other discrimination suits under the Civil Rights Act. Employers can be exonerated if they prove that their actions were based on an honest reliance on an opinion letter or written regulation from the EEOC.