Age Discrimination Law - An Overview

The prohibition of discrimination on the basis of age is known as the Age Discrimination Law. There should be no discrimination either in programs and activities or in terms of financial assistance. The as amended Age Discrimination in Employment Act (ADEA) of 1967 framed by the US Equal Employment Opportunity Commission (EEOC) protects employees over forty years of age and older from any discrimination. This can be on the basis of promotion, compensation, and privileges of employment.

Employees, in certain cases, generally after they are sixty five years old may be subject to forced retirement. However, they are provided proper retirement benefits. Retiring/retired employees of companies that have a good retirement plan will not go against the Age Discrimination Law. The retirement plan should be read very carefully. If the plan is a bad one, this may put the person in a loophole. If the terms of the plan are unclear, you should consult your lawyer.

The Age Discrimination in Employment Act (ADEA) however cannot force employees to take early retirement. The law also makes provision for advertisements and thereby selects people for vacant positions.

The requisite age limits and educational qualifications however should be mentioned clearly. The employer should come up with legitimate business reasons to justify any employee-challenged employment policies. Valid reasons are required which are not age related for all employment related decisions.

The ADEA does not protect all workers from age discrimination. It is applicable at workplaces having 20 or more employees and to employees who are forty and above. This law can be enforced upon federal employees and employees from the private sector, but not upon state employees. However, if the ADEA does not provide any protection, the employer is not free to discriminate on the basis of the age of an employee.

Though the ADEA does not provide an employer to lock the pension of an employee, some employers did so earlier to save the money. However, this has become illegal now. Retirement incentives are offered by employers with early retirement programs. In this case, the law gives the right to the employee to negotiate the deal.

Whenever an employee is asked to sign an agreement, he should be made to understand it first and only then sign it. If the employee has any doubt, he can consult an attorney. Sufficient time should also be given so that he can make a decision whether or not to sign the agreement.

While employees still hold their right to sue the employers, the employers give them incentives to leave the job voluntarily. The Older Workers Benefit Protection Act (OWBPA) prevents employers from denying benefits to older employees by putting a restriction on them.

Even after the Age Discrimination Law, if the employee feels that age discrimination may occur or has already occurred, he can lodge a complaint. The complaint can be lodged by the employee with the EEOC. If the EEOC is also unable to solve the problem, the employee may file a lawsuit.