The age discrimination act of 1967 was put into place due to findings that older employees were being treated unfairly due to employers considering their productivity to be lesser than younger employees.
The act has been written in order to protect older employees (40 Years and Older), and perspective employees, from biased or unfair treatment by employers based soley on a workers age. The act covers all aspects of employment including hiring, compensation, promotion, discharge, benefits or any other privileges granted other employees.
Age Discrimination While Hiring
The act specifically prevents employers from considering age as a reason for denying an applicant employment. While the law does not prohibit employers from asking or requiring age to be documented in the application, that information may only be used for employment verification and other lawful purposes.
Benefits and Age Discrimination
An amendment to the ADEA, the Older Workers Benefit Protection Act of 1990, provided that, since older workers may cost more in terms of health benefits than younger employees, an employer may reduce benefits in order to comply with age discrimination laws. However, this only pertains to very specific circumstance, and only a lawyer can determine the legality of a specific case. Otherwise, age cannot legally be taken into account when determining a workers benefit coverage.
Job Termination or Discharge Due to Age
The ADEA also covers specifically, issues with employees being terminated due to age discrimination layoffs. It is recognized that productivity, generally, may decrease with age. However, the experienced offered by older workers is deemed to be valuable, and more than makes up for any diminished capacity to work.
- The content of this article is provided for informational purposes only, and should not be construed as legal advice. If you need legal assistance with an Age Discrimination Issue, please consult with an Age Discrimination Lawyer near you to discuss the details of your case.