Age Discrimination in Employment Act

If you wish to live long, you must be willing to grow old. 

I credit my youthfulness at 80 to the fact of a cheerful disposition and contentment in every period of my life with what I was. 

Acquire an understanding of the requirements and protections afforded under the ADEA. 

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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. ... 

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 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. ... 

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

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. 

The petitioner. Western Air Lines, Inc., requires that its flight engineers retire at age 60. Although the Age Discrimination in Employment Act of 1967 (ADEA), 403 29 U.S.C. 621-634, generally prohibits mandatory retirement before age 70, the Act provides an exception where age is a bona fide occupational qualification [BFOQ] reasonably necessary to the normal operation of the particular business. A jury concluded that Western s mandatory retirement rule did not qualify as a BFOQ even though it purportedly was adopted for safety reasons. The question here is whether the jury was properly instructed on the elements of the BFOQ defense. ... 

Except as to claims that cannot be released under applicable law, you waive and release any and all claims you have or might have against the Company. These claims include, but are not limited to claims for discrimination arising under federal, state, and local statutory or common law, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Genetic Information and Discrimination Act, and [state law]. 

We revisited the BFOQ defense in Western Air Lines, Inc. v. Criswell, 472 U.S. 400, 105 S.Ct. 2743, 86 L.Ed.2d 321 (1985), this time in the context of the Age Discrimination in Employment Act of 1967 (ADEA). There, we endorsed the two-part inquiry for evaluating a BFOQ defense used by the Court of Appeals... 

APPLICATION TO SENATE EMPLOYMENT—The rights and protections provided pursuant to this Act, the Civil Rights Act of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973 shall apply with respect to anployment by the United States Senate. 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the Age Discrimination in Employment Act of 1967. ... 

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