Fun slides Age Discrimination in Employment Act (ADEA)

on ADEA

What is the ADEA?

O Age discrimination involves treating someone

(an applicant or employee) less favorably

because of his or her age.

O The law forbids discrimination when it comes

to any aspect of employment, including hiring,

firing, pay, job assignments, promotions,

layoff, training, fringe benefits, and any other

term or condition of employment.

O Harassment: It is unlawful to harass a person

because of his or her age.

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Which Employers Are Covered?

O 20 or more employees

O Employees 40 years of age and older


Which Employers Are Covered?

What Does the ADEA Prohibit?

O Age discrimination, unless based on a

BFOQ

O Hostile work environment based on age

O Retaliation or harassment for exercising

ADEA rights


What is the “BFOQ?”

O A BFOQ is a bona fide occupational

qualification. In general, an employer can’t

prove that age is a BFOQ unless it can

establish that all or almost all members

over the selected age can’t safely perform

the essential functions of the job. A BFOQ

is difficult to prove unless the position at

issue directly affects public safety.


What is not prohibited?

O An employer may take adverse action

against an employee who is protected by

the ADEA for non-discriminatory reasons

unrelated to age.


Recruiting

O Don’t ask for an applicant’s age at any

point during the application process.

O Like other anti-discrimination laws, the

ADEA affects several areas of

employment including job advertisements,

job qualifications, hiring decisions, job

applications, interviews, discipline, and

termination.


Create Policies to Avoid Age Discrimination

O An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).

O Prohibit all age-related comments from the workplace pursuant to an effective anti-harassment policy.

O Apply performance standards, policies and procedures, and access to benefits uniformly without regard to age.


What Records Must Be Retained?

O EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.

O Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. Additionally, employers must keep on file any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination.


Required Posting

O Covered employers must post one of two equal opportunity

O posters: either the EEOC poster, or the Department of Labor’s Office of Federal Contract Compliance Program’s (OFCCP) Employment Opportunity is the Law Poster.

O Both posters are accepted as valid by OFCCP and the EEOC. The notice must be posted prominently, where it can be readily seen by employees and applicants for employment, e.g., personnel office, work-out facility, lunchroom, or company bulletin board.

O There is no particular size requirement.


What are the Potential Penalties?

O Back pay

O Reinstatement/Promotion or Front Pay

O Pay a penalty "liquidated damages" equal to the total back pay award, if the employer knew that its conduct was illegal or displayed reckless disregard as to whether its conduct violated the law.

O Pay the employee's court costs and attorney fees.

O Different from state to state, but generally damages for pain and suffering, emotional distress, and similar injuries are not available under the ADEA. Nor are punitive damages, except in the form of liquidated damages, discussed above.


What you can do to Stay on the Safe Side of the ADEA!

O Base any employment actions on factors

other than age (or other protected

characteristics).

O Document poor performance and

disciplinary measures taken against

employees.


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Disclaimer: Upon purchasing our product you are understanding, acknowledging and agreeing with this disclaimer. This information is provided for general informational purposes only. GW Human Resources and Business Services makes no warranties, express, implied or statutory, as to the adequacy, timelines, completeness or accuracy of the information provided. The provided information does not constitute advice and does not bind us in any way to a business-client relationship. Laws are numerous. The amount of regulations is rising. Statements concerning legal matters should be understood to be general observations and should not be relied upon as legal advice, which we are not authorized to provide. Consult legal counsel to make sure that you are fully compliant.


Recruiting & HR

Fun slides Age Discrimination in Employment Act (ADEA)