![]() ![]() It’s a hard case to bring and a hard one to win, though. Judging older workers on the basis of age rather than abilities is wrong, and age discrimination can have devastating effects on the financial security of workers at the time and into retirement. You have the right to pursue a claim if you feel you are a victim of age discrimination. An employer does not violate the ADEA if it spends the same amount to buy life insurance for younger and older workers, even though the younger workers receive greater coverage for the same premium. In these instances, the employer must incur the same cost for providing the benefits to older workers as it does for younger workers in order to comply with the ADEA.įor example, the cost of providing life insurance increases with age. Employers also can’t reduce benefits based on age, unless the cost of providing the benefit increases with age. Under the ADEA, you can’t be denied the opportunity to participate in your employer’s benefit plans because of your age. Policies or practices that have a disproportionately adverse impact on older workers are unlawful unless the employer can prove they are based on a reasonable factor other than age. An example is a school district that announces it won’t hire teachers with more than 20 years of experience. ![]() These are policies that appear to be age-neutral but fall more harshly on older workers. The law also prohibits policies and practices that have a “disparate impact” on older workers. Retaliate against you if you file charges of age discrimination or help the government investigate chargesįorce you to retire at a certain age (except for a few narrow exceptions) Mention age or say that a certain age is preferred in job ads and recruiting materials it is questionable but not automatically illegal to ask for date of birth or graduation on a job application The ADEA prohibits age discrimination in decisions about hiring, firing, layoffs, pay, benefits, promotions, demotions, performance reviews or any other condition of employment. The Workplace Fairness website provides information on each state’s discrimination law. The time limits for filing complaints and the procedures for resolving them differ from state to state and from the federal ADEA. Most state laws apply to employers with fewer than 20 employees, and often provide stronger protection for older workers than federal law. In addition, every state has a law that prohibits age discrimination in employment. ![]()
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