Age Discrimination in Employment Act
Age Discrimination in Employment Act of 1967 (ADEA): How it applies
-Applies to employees with 20 or more employees -Applies to various terms and conditions of employment, including hiring, compensation, promotion decisions, job assignments, training opportunities, temporary layoffs, and termination of employment -Employers under the ADEA are defined as a person engaged in an industry affecting commerce who has 20 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (Includes religious organizations and Native American tribes)
ADEA - After establishing a case, the burden moves to the employer to establish a defense. Defense includes:
-Other reasonable factors besides age prompted the employer's conduct -Bona Fide Occupational Qualification-Age is a legitimate factor to consider for the performance of that particular job
ADEA - To establish a case under ADEA, the preponderance of evidence in the following elements is necessary: (2)
-Plaintiff was qualified for the job or was performing the duties and responsibilities of the job satisfactorily -Plaintiff suffered some adverse condition with respect to their employment -The employer hired someone outside the protected class or replaced the plaintiff with someone outside the protected class
Older Workers Benefit Protection Act (OWBPA)
-Specifically prohibits employers from denying benefits to older workers -An employer may reduce the benefit plans for older workers provided that the cost of such plans is the same as the cost of providing benefits to younger employees -Employers may waive these rights
State Legislation
-States may have more protections for the elderly than ADEA -Fair Employment Practices Agencies (FEPA's) are the state administrative agencies that handle age discrimination cases
ADEA - To establish a case under ADEA, the preponderance of evidence in the following elements is necessary: (1)
-The plaintiff is an employee or applicant for employment with the employer -The employee is a member of a protected class (40 years of age or older) -The employer has 20 or more employees
ADEA - Defense is established...
If defense is successfully established, the plaintiff must then refute the rationale by showing that the justification is merely a pretext for actual discrimination -Offer evidence of pervasive bias against members of a protected class -Introduce data reflecting inequity or favoritism among certain classes of employees Plaintiff could receive back pay for lost wages, injunctive and declaratory relief, liquidated damages, reinstated into a job or promotion, and attorney's fees
Age Discrimination in Employment Act of 1967 (ADEA)
Protects employees and job applicants who are 40 years of age or older from employment discrimination based on age
ADEA
The EEOC is charged with administering ADEA -Must file claim within 180 days Limitations to the scope of ADEA include employees that are vital to public safety and welfare (cops, firefighters)