Age Discrimination Employment

The federal government of the United States has enacted age discrimination employment laws to protect employees age 40 and over from being discriminated against in hiring, job interviews, pensions, benefits, firing, and even apprenticeships. These laws are contained in the Age Discrimination Employment Act of 1967 (ADEA), and apply to businesses of 20 or more employees who conduct interstate commerce. The opportunity for age discrimination has grown in recent years because people are living healthier lives and able to be effective workers longer. Yet many businesses want to reach the youth market, since they are more often impulsive spenders who bring in more income than the more thoughtful older spenders. These companies can't bring in younger employees to meet those needs without discrimination as long as the older workers are still doing their jobs effectively. Age discrimination employment laws can carry heavy penalties if the initial efforts at conciliation do not produce the desired results.

Fast Facts

  • The penalties for breaking age discrimination employment laws can include reinstatement and back wages, or damages that can reach hundreds of thousands of dollars in some cases.
  • Age discrimination employment laws do not preclude voluntary early retirement incentives.

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