The Age Discrimination in Employment Act of 1967 (ADEA) aims to prevent unfair treatment in the workplace regarding age discrimination for individuals aged 40 and older. Its protections are extended to both current employees and job applicants, safeguarding them against age-based discrimination in various aspects of employment including hiring, termination, promotion, layoff, compensation, benefits, job assignments, and training.
Additionally, the ADEA makes it unlawful to retaliate against someone opposing practices of age discrimination or for their involvement in filing a charge, testifying, or participating in investigations or litigation processes under the ADEA framework.
The Act is applicable to employers who have 20 or more employees, encompassing state and local governments, employment agencies, and labor organizations with 25 or more members. It also includes labor entities that operate hiring halls or offices tasked with recruiting potential employees or managing job opportunities.
A variety of employment areas fall under the shelter of ADEA, including but not limited to apprenticeship programs, employment advertisements, pre-employment inquiries, and employee benefits. Discrimination based on age in apprenticeship programs—both joint labor-management programs and others—is prohibited unless a specific exception is granted under the ADEA or by the Equal Employment Opportunity Commission (EEOC).
When it comes to job notices and advertisements, age preferences or limitations are generally prohibited unless age is established as a "bona fide occupational qualification" (BFOQ), which is deemed necessary for the standard operations of a business. While the ADEA doesn't explicitly bar employers from requesting the age or birth date of applicants, such inquiries undergo rigorous scrutiny to confirm their lawful intent.
An amendment, known as The Older Workers Benefit Protection Act of 1990 (OWBPA), prohibits adversely impacting older employees regarding benefits. However, recognizing the higher costs of providing certain benefits to older workers, an exception permits reducing benefits based on age, provided that the cost of these reduced benefits is equivalent to the cost of benefits provided to younger employees.
Employers may request employees to waive their claims under the ADEA in situations involving either claim settlement or involuntary employment program termination. In pointed scenarios of intentional age discrimination or intent-driven sex-based wage discrimination under the Equal Pay Act, victims aren’t eligible for compensatory or punitive damages, but liquidated damages may be sought. Liquidated damages serve to penalize malicious or reckless acts of discrimination and are awarded as an amount equivalent to the victim's back pay.
Contact Us
If you have any questions regarding age discrimination in the workplace, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
