Age Discrimination

Acquire an understanding of the prohibited practices under the ADEA. 

The primary law on the federal level offering protections to older workers is the Age Discrimination in Employment Act of 1967 (ADEA). The purpose of the ADEA is to promote employment of older workers between the ages of 40 and 70 years of age based on their ability, rather than age, and to prohibit arbitrary age discrimination in employment. Similar to Title Vll, the ADEA prohibits discrimination by companies or organizations, labor unions, and employment agencies against employees, members, referrals, and applicants.  

Safety professionals should be aware that the ADEA identified the following practices by companies or organizations as being unlawful  

The administration and enforcement of the ADEA is currently housed with the EEOC on the federal level. This has not always been the case. The ADEA was originally administered and enforced by the Wage and Hour Division of the U.S. Department of Labor, and the Fair Labor Standards Act structure and mechanisms were utilized. With the Reorganization Plan No. 1 in 1978, the Equal Employment Opportunity Commission was provided authority over the ADEA and established its own guidelines. However, the ADEA must still be enforced through the procedures established under the Fair Labor Standards Act rather than those of Title VII, with other similar federal antidiscrimination laws.  

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The rights of chemists, employers, and professional societies are discussed in relation to layoffs and other grievances where the Labor Management Relations Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Civil Rights Act of 1954, and the Occupational Safety and Health Act of 1970 apply. Instances of political discrimination, blacklisting, employee entrapment and dismissal, and no-switching agreements are also included in the discussion. 

A court will overturn the dismissal of a chemist between 40 and 65 years of age where it violates the Age Discrimination in Employment Act of 1967, which makes it unlawful "to fail or refuse to hire or to discharge any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual s age. ... 

Age Discrimination Act of 1967. This act protects employees 40 years of age and older from discrimination. 

Write job-related and nondiscriminatory questions Avoid any questions that are not directly related to the essential functions of the position or that may be construed as discriminatory In general, it is inappropriate to ask questions about an individual s race, color, religion, sex, or national or ethnic origin (Title VII of the Civil Rights Act of 1964), their age (Age Discrimination in Employment Act of 1967), or disability status (Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990), as well as their marital status, sexual orientation, or parenting responsibilities. 

The age discrimination charge was filed within the 180-day time limitation (or 300 days with a state agency). 

In a civil action, the prima facie case that the individual alleging age discrimination must establish generally includes the following ... 

Sec. 115. Notice of Limitations Period Under the Age Discrimination in Employment Act of 1967. 

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. 

Age discrimination invoives treating someone (an appiicant or employee) less favorably because of his age. 

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. 

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