Federal and state laws prevent an employer from discriminating against job applicants and employees on the basis of age. The best known example of these laws, the federal Age Discrimination in Employment Act (ADEA), prohibits employers from discriminating against employers and applicants who are 40 years of age and older based on their age. The ADEA applies to a number of scenarios and stages of the employment process, including the application process, hiring, firing, job advertisements, and apprecenticeship programs.
In addition to the ADEA, another federal law prohibiting age discrimination in employment is the Older Workers' Benefit Protection Act, which makes it illegal for employers to use an employee's age as a basis for discrimination in benefits and retirement. Also, see Federal Employment Discrimination for a general overview of anti-discrimination laws.
Provisions of the ADEA
The ADEA is very clear on its prohibitions, some of which are summarized here for quick reference.
Claims Under the ADEA
Claims of unlawful discrimination on the basis of age can be difficult to prove. To successfully prove an employee was discriminated against on the basis of age, the employee must show that some adverse action was taken on the basis of his or her age. Such an adverse action can be shown be direct evidence, but such evidence is not usually available. It is not enough for an employee to show that he or she was replaced by a younger person, although this fact can serve to strengthen a claim under the ADEA. An employer can only be held liable for age discrimination if the employee can show that an intentional action was taken against the employee because of the employee's age.
Waiver of ADEA Rights
An employee may waive his or her rights under the ADEA at the request of an employer, in exchange for a severance package or other consideration. The ADEA sets out specific standards that must be met before a waiver of such rights can be considered knowing and voluntary. A valid ADEA waiver must:
Age Discrimination: Get Legal Help
Employees and applicants for employment have the right to be free from age discrimination in hiring, firing, promotion, training, benefits, compensation, and other aspects of the employment relationship. Employees who believe their rights have been violated under the Age Discrimination in Employment Act should contact an experienced employees' rights attorney. Employers who need legal advice or compliance assistance with respect to the ADEA should contact an employment attorney who works with employers.
Contact a qualified employment discrimination attorney to make sure your rights are protected.