HUMAN RESOURCE ADMINISTRATION / MANAGEMENT

ADEA - Age Discrimination in Employment Act of 1967

(This act applies to you if you are a private employer with 20 or more employees. State and local governments (including school districts), employment agencies and labor organizations are included.) This law is designed to protect individuals who are 40 years of age or older. The ADEA's broad ban against age discrimination also specifically prohibits the following:

  • statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ)
  • discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs, and
  • denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers. Things to consider...

Are you aware that under ADEA it is illegal to discriminate in any aspect of employment, including hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing; use of company facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans, and disability leave; or other terms and conditions of employment? [scroll bar]

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