What is Age Discrimination in Employment?
- Discrimination is considered the unfair treatment of a group or of an individual on the basis of prejudice. When an individual is discriminated against, she is being subjected to treatment that is not only abhorrent but illegal. Discrimination in the workplace can make for a very hostile work situation, which doesn't benefit anyone.
- A prospective employer may ask a prospective employee his age or his date of birth. But this inquiry is subject to close scrutiny to determine if the question was made for a lawful reason or if the prospective employer had another purpose, such as weeding out applicants who are over the age of 40.
- The ADEA specifies that it is against the law to include age limitations, preferences or specifications in job ads or notices. The only time that an age limit can be specified is when there is an absolute and very specific reason why the job requires someone of a certain age.
- In 1990, the OWBPA, or Older Workers Benefits Protection Act, was passed. It amended the previous ADEA, making it clear that employers cannot deny benefits to older employees. Obviously, health care benefits cost more for older employers than younger workers, who are generally healthier, but an employer cannot legally offer different benefits to different employees based on their age. In restricted situations, an employer may be allowed to reduce benefits based on age but only if the cost of providing these reduced benefits to older employees is the same as what it costs to provide benefits to younger employees.
- It is absolutely against the law to bully someone because of her age, and that includes making untoward remarks about an employee’s age. Harassment and hostility that create unworkable conditions are illegal.
- The Department of Labor explains that the Age Discrimination Act of 1975 makes it illegal for any entity that is receiving federal financial assistance to discriminate based on age.