Age discrimination is a prevalent problem in U.S. workplaces and has been for decades. To combat the issue, Congress passed the Age Discrimination in Employment Act of 1967.
Per the U.S. Department of Labor, ADAE protects individuals who are at least 40 years of age from discriminatory acts that may affect their employment. If you are at least 40 years old, it may benefit you to learn more about ADAE and your rights under it.
The ADAE
Per the Age Discrimination in Employment Act makes, it is illegal for employers to discriminate against individuals who are 40 years of age or older and with respect to any conditions, terms or privileges of employment. In other words, employers may not discriminate against persons because of their age when it comes to hiring, firing, recruitment, promotion, compensation, job assignments, benefits, training or layoffs.
Though employers may discriminate against older individuals in favor of younger persons, they may favor workers who are 40 or older over younger workers. Age discrimination claims apply only to older workers.
The ADAE and employment advertisements
Generally speaking, it is unlawful for employers to post advertisements for employment that specify an under-40 age range. For instance, advertisements that seek workers who are “between the ages of 25 and 35” or who are “recent college graduates” violate the terms of the ADAE. That said, employers may specify that they seek workers who are 50 years of age or older or retirees.
Bona fide occupational qualifications
The ADAE does recognize that some jobs necessitate an age limitation or a BFOQ. If an organization can establish that a BFOQ applies, it can advertise for and hire persons who are within a specific age range, and without facing legal repercussions.
Age discrimination is a real issue in today’s workforce. If you or a loved one is the victim of age discrimination, it may prove helpful to brush up on your rights as an older worker.
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