Legal :: How ADEA Works in Fighting Age Discrimination at Work
1. Legal :: How ADEA Works in Fighting Age Discrimination at
Work
Majority of people know that it is unlawful to discriminate against an employee or an applicant
because of his or her age, but little do they know about the law governing it. The enactment of Age
Discrimination in Employment Act (ADEA) of 1967 helped secure individuals who are 40-years-old or
older from discriminatory acts that may be done against them by employers due to their age.
According to the data compiled by US Equal Employment Opportunity Commission (EEOC), in 2010,
there were 23,264 charges filed related to age discrimination in the country. In line with this, ADEA
is aimed in decreasing this high number of age discrimination cases. Pursuant to this law, it is
unlawful for employers or companies to discriminate against an employee or applicant due to his or
her age with respect to any condition or privilege of employment, which includes hiring, terminating,
promoting, compensating, training, or giving of benefits.
ADEA covers employers with 20 or more employees, government employees, employment agencies,
labor organizations, and the state and federal government. Under ADEA, employees' and applicants'
rights include:
o On-the-job Training (OJT) Programs
It is illegal for apprenticeship programs to discriminate against an individual because of his or her
age. OJT programs can only implement an age limitation if EEOC grants them an exemption.
o Job Notices
It is unlawful for employers to specify the desired age and age limit in job notices and
advertisements.
o Interview Age Inquiry
Queries regarding an applicant's age during pre-employment interview are not specifically
prohibited by the law, but such questions may indicate probable discriminatory act based on age.
Questions related to age should be closely examined to be certain that the query is in accordance
with ADEA.
o Older Workers Benefit Protection Act (OWBPA)
According to OWBPA, it is unlawful for employers to deny benefits to older employees. This law
recognizes the high needs of older people in terms of financial compensation.
Age limitations can be legally implemented when the "age" has been described to be a bona fide
employment qualification, which is logically needed to the usual operation of the specific business.
An example of this is the age limitations for truck drivers, bus drivers, and pilots.
Employees or applicants who experienced age discrimination in Los Angeles can file an employment
discrimination claim against his or her employer to get proper settlement compensation. Seeking
2. help and advice from a Los Angeles discrimination attorney is imperative to be able to have a strong
case.
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ork/
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