As people get older, some of them may wonder if they are being discriminated against in the workplace. In 2011, the EEOC received over 23,000 official complaints of age discrimination, an increase of 35% increase over the last 10 years. This brings us to the next part of my series on Equal Employment Opportunity laws. Have you have ever been discriminated against due to age, or have ever seen anything related to it in your workplace? Leave a comment down below.
EEO Laws - ADEA
Happy Sunday Morning! I hope that you have your cup of coffee ready to go, because today we are going to discuss the EEO law known as the Age Discrimination in Employment Act of 1967 (ADEA). Employees do not stay young forever. Job Searchers and Applicants hair may turn grey or fall out over time. In the past, it was possible that people found it harder to get jobs and keep jobs simply due to their age. When the Civil Rights Act of 1964 was being debated in congress, some argued that age discrimination should be included. At that time, it was determined that further study would be necessary, and it was not included as a protected group. However, following studies that showed workers over the age of 40 were being forced into retirement, looked over for promotions, and having their job applications ignored. Therefore, Congress passed the ADEA.
The law makes it illegal “to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age”. Any workers over the age of 40 may be able to make a claim of age discrimination. At one time there was a maximum age, but that limitation was later removed.
Workers or applicants that feel they have a case of age discrimination may place a claim with the EEOC. They have a 180 day deadline to file from the time the discriminatory act occurs. Workers under 40 cannot claim reverse discrimination, as employers are not prohibited from favoring older workers over younger ones. Workers may not be forced to retire at a given age; although there are some exceptions to this such as age limits for air traffic controllers.
And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.
Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.