| The Age Discrimination in Employment Act was | | | | • Mandatory retirement is allowed for executives |
| established in 1967 and it attempts to protect the rights | | | | above the age of 65 working in high-ranking positions |
| of the workers aged 40 and above. It tries to protect | | | | who are entitled to a pension, which is more than the |
| the older workers from discriminatory practices that | | | | minimum yearly amount. |
| may be followed by the company based on age. A | | | | • An age limit may be specified where age has |
| summary of the Act given below may help all | | | | been shown to be a “bona fide occupational |
| employers and employees learn the facts and benefit | | | | qualification" necessary to the normal operation of the |
| from it. | | | | particular business. This is known as the BFOQ, in |
| The employers are prohibited from the following | | | | short. This may include exceptions, like a young |
| practices as per the Age Discrimination in Employment | | | | woman hired to play a young character in a film, or |
| Act: | | | | recruitments in the interest of public safety, such as |
| • Discrimination in terms of age with regard to | | | | bus drivers or pilots. |
| promotion, hiring, wages, training opportunities, | | | | • The law does not apply to workers employed by |
| assignments, benefits or layoffs. | | | | the state. |
| • Refusal to give equal benefits to employees due | | | | Some of the claims that can be alleged are: |
| to age. | | | | • Unfavorable treatment with discriminatory motive. |
| • Taking disciplinary action against any employee | | | | • Creating a hostile work environment by practicing |
| who files a claim of age discrimination or if he takes | | | | age-based harassment. |
| part in an ongoing investigation of another employee. | | | | • An employment policy that may appear to be |
| • Mandatory retirements in tenured workers, like for | | | | neutral but affects members of the protected group. |
| example, college professors. | | | | A basic knowledge of the Age discrimination in |
| • Making preferencesfor age or imposing age | | | | Employment act will ensure that the employees are |
| limitations in advertisements or job postings. | | | | aware of their rights and that they are being given a |
| The Age Discrimination in Employment Act is | | | | fair treatment. Employees or workers who are victims |
| applicable to all those organizations that have more | | | | of age discrimination have a number of options to |
| than 20 employees, including overseas employees. | | | | redress the issue. A claim can be filed with the Equal |
| There are a few exceptions to the rule as listed | | | | Employment Opportunity Commission to sort out the |
| below: | | | | problem, or an attorney can be hired to do so. The |
| • An employer can offer reduced benefits based | | | | local level offices in most of the states handle such |
| on age if the reduced cost is the same as the cost of | | | | type of claims. |
| full benefits for younger workers. | | | | |