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Copyright © IntegTree
(2014)
www.IntegTree.com
Age Discrimination in
Employment Act
Dr. Nitish Singh & Thomas J. Bussen (J.D./MBA)
E-mail: ncsingh@integtree.com
Copyright © IntegTree
(2014)
www.IntegTree.com
What is the ADEA?
• ADEA protects employees and applicants who are
at least 40 years of age from discrimination on
the basis of their age, with respect to the terms
of conditions of employment.
• Employees may allege discrimination based on
hiring or layoff decisions, promotional decisions,
on the basis of poor performance evaluations,
and more.
• Problems often arise in connection with layoffs
and severance pay, retirement incentives, and
other benefits.
Copyright © IntegTree
(2014)
www.IntegTree.com
Why Do You Care?
• It is easy for employees to bring a claim, and this
means legal fees
• Claims may also diminish your reputation, both
with consumers, partners, and within your
organization
• The best way to overcome claims is to show
employees a commitment to their fair treatment.
Copyright © IntegTree
(2014)
www.IntegTree.com
What Can You Do to Comply?
• Audit your ADEA relevant policies and procedures. If
you don’t have policies and procedure, enact policies
to conform to ADEA.
• Train your workforce to understand their rights, and
provide your workforce with internal mechanisms to
report violations.
• Train your managers to understand their obligations.
• Regularly communicate the organization's commitment
to fair treatment to all workers.
• Carefully record all employment actions, including hiring and
layoff decisions, promotional decisions, and justification for
regularly provided evaluations.
Copyright © IntegTree
(2014)
www.IntegTree.com
About the Authors
• Integtree President Dr. Nitish Singh Associate Professor at
Saint Louis University’s John Cook School of Business, has
been at the forefront of ethics and compliance management
and developed a University Certification program used by
business executives and lawyers worldwide.
• IntegTree Vice President Thomas J. Bussen holds a J.D., MBA,
and Ethics and Compliance Certification from Saint Louis
University’s John Cook School of Business, where he is adjunct
faculty. A former litigator at an AV rated law firm, Thomas
knows first hand the unforeseen problems that arise with
inadequate risk management.
Copyright © IntegTree
(2014)
www.IntegTree.com
Additional Resources
• Join The Ethics & Compliance Professors
complementary subscribers list by clicking here.
• IntegTree specializes in the worldwide localization of
ethics and compliance programs, regulatory and
ethical training, and psychometric testing to provide
deep insights to improve existing compliance
programs.
Copyright © IntegTree
(2014)
www.IntegTree.com
Disclaimer:
• This material is confidential and proprietary to IntegTree LLC and may not be
reproduced, published or disclosed to others without the express authorization of
IntegTree LLC. IntegTree LLC is not a law firm and is not engaged in providing legal
or other similar professional advice or services. In providing our services,
IntegTree LLC attempts to provide its clients with “effective practices” in light of
then-current laws and/or regulations. IntegTree’s services should not replace
advice from your in-house or outside counsel or their opinions concerning
company practices.

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Age Discrimination in Employment Act

  • 1. Copyright © IntegTree (2014) www.IntegTree.com Age Discrimination in Employment Act Dr. Nitish Singh & Thomas J. Bussen (J.D./MBA) E-mail: ncsingh@integtree.com
  • 2. Copyright © IntegTree (2014) www.IntegTree.com What is the ADEA? • ADEA protects employees and applicants who are at least 40 years of age from discrimination on the basis of their age, with respect to the terms of conditions of employment. • Employees may allege discrimination based on hiring or layoff decisions, promotional decisions, on the basis of poor performance evaluations, and more. • Problems often arise in connection with layoffs and severance pay, retirement incentives, and other benefits.
  • 3. Copyright © IntegTree (2014) www.IntegTree.com Why Do You Care? • It is easy for employees to bring a claim, and this means legal fees • Claims may also diminish your reputation, both with consumers, partners, and within your organization • The best way to overcome claims is to show employees a commitment to their fair treatment.
  • 4. Copyright © IntegTree (2014) www.IntegTree.com What Can You Do to Comply? • Audit your ADEA relevant policies and procedures. If you don’t have policies and procedure, enact policies to conform to ADEA. • Train your workforce to understand their rights, and provide your workforce with internal mechanisms to report violations. • Train your managers to understand their obligations. • Regularly communicate the organization's commitment to fair treatment to all workers. • Carefully record all employment actions, including hiring and layoff decisions, promotional decisions, and justification for regularly provided evaluations.
  • 5. Copyright © IntegTree (2014) www.IntegTree.com About the Authors • Integtree President Dr. Nitish Singh Associate Professor at Saint Louis University’s John Cook School of Business, has been at the forefront of ethics and compliance management and developed a University Certification program used by business executives and lawyers worldwide. • IntegTree Vice President Thomas J. Bussen holds a J.D., MBA, and Ethics and Compliance Certification from Saint Louis University’s John Cook School of Business, where he is adjunct faculty. A former litigator at an AV rated law firm, Thomas knows first hand the unforeseen problems that arise with inadequate risk management.
  • 6. Copyright © IntegTree (2014) www.IntegTree.com Additional Resources • Join The Ethics & Compliance Professors complementary subscribers list by clicking here. • IntegTree specializes in the worldwide localization of ethics and compliance programs, regulatory and ethical training, and psychometric testing to provide deep insights to improve existing compliance programs.
  • 7. Copyright © IntegTree (2014) www.IntegTree.com Disclaimer: • This material is confidential and proprietary to IntegTree LLC and may not be reproduced, published or disclosed to others without the express authorization of IntegTree LLC. IntegTree LLC is not a law firm and is not engaged in providing legal or other similar professional advice or services. In providing our services, IntegTree LLC attempts to provide its clients with “effective practices” in light of then-current laws and/or regulations. IntegTree’s services should not replace advice from your in-house or outside counsel or their opinions concerning company practices.