Majority of people know that it is unlawful to discriminate against an employee or an applicant because of his or her age, but little do they know about the law governing it. The enactment of Age Discrimination in Employment Act (ADEA) of 1967 helped secure individuals who are 40-years-old or older from discriminatory acts that may be done against them by employers due to their age.
According to the data compiled by US Equal Employment Opportunity Commission (EEOC), in 2010, there were 23,264 charges filed related to age discrimination in the country. In line with this, ADEA is aimed in decreasing this high number of age discrimination cases. Pursuant to this law, it is unlawful for employers or companies to discriminate against an employee or applicant due to his or her age with respect to any condition or privilege of employment, which includes hiring, terminating, promoting, compensating, training, or giving of benefits.
ADEA covers employers with 20 or more employees, government employees, employment agencies, labor organizations, and the state and federal government. Under ADEA, employees and applicants rights include:
On-the-job Training (OJT) Programs
It is illegal for apprenticeship programs to discriminate against an individual because of his or her age. OJT programs can only implement an age limitation if EEOC grants them an exemption.
It is unlawful for employers to specify the desired age and age limit in job notices and advertisements.
Interview Age Inquiry
Queries regarding an applicants age during pre-employment interview are not specifically prohibited by the law, but such questions may indicate probable discriminatory act based on age. Questions related to age should be closely examined to be certain that the query is in accordance with ADEA.
Older Workers Benefit Protection Act (OWBPA)
According to OWBPA, it is unlawful for employers to deny benefits to older employees. This law recognizes the high needs of older people in terms of financial compensation.
Age limitations can be legally implemented when the age has been described to be a bona fide employment qualification, which is logically needed to the usual operation of the specific business. An example of this is the age limitations for truck drivers, bus drivers, and pilots.
Employees or applicants who experienced age discrimination in Los Angeles can file an employment discrimination claim against his or her employer to get proper settlement compensation. Seeking help and advice from a Los Angeles discrimination attorney is imperative to be able to have a strong case.
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Article Added on Sunday, September 4, 2011
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