Topics

HR Support on Avoiding Age Discrimination Issues

Editor's Note: Beware of age discrimination in hiring and employment practices.

Beth P. ZollerOverview: While the Age Discrimination in Employment Act (ADEA) only protects individuals who are 40 years of age and older from employee discrimination, some state laws, such as those in New York, New Jersey and the District of Columbia, protect individuals who are 18 and older from age discrimination. Age discrimination often arises when individuals receive unfair treatment in the workplace because of the mistaken belief that an older individual will not perform as well. As a result of this, an employer should avoid any preemployment inquiries or employment decisions that are based solely on an individual's age, and be careful about neutral workplace rules and practices that negatively affect older workers. Further, the issue of age discrimination also comes into play when considering the issue of retirement age.

An employer should recognize that it is permissible to differentiate on the basis of age if age is a bona fide occupational qualification. For example, an employer can discriminate based on age if individuals of a certain job cannot perform the essential job functions in a safe manner.

Employers should also be aware of the fact that there are special requirements with regard to the waiver of ADEA claims in settlement agreements and releases under the Older Workers Benefit Protection Act.

Trends: Employers should be aware that the EEOC recently issued a new rule which will make it harder for employers to establish that policies that discriminate based on age were justified based on a legitimate business reason and based on a reasonable factor other than age. It will require employers to show that they have a stated business purpose as well as that the employer considered and sought to reduce the impact of the policy on older workers. The EEOC has also identified protecting older workers as one of its priorities in its Strategic Enforcement Plan.

Employers also may reasonably anticipate a greater number of age discrimination lawsuits with the aging Baby Boomer population.

Author: Beth P. Zoller, JD, Legal Editor

New and Updated

  • Age Bias Protections Restricted for Job Applicants, 7th Circuit Rules

    Date:
    January 25, 2019
    Type:
    News

    The 7th Circuit Court of Appeals has ruled that the Age Discrimination in Employment Act (ADEA) does not extend to outside job applicants who bring disparate impact discrimination claims.

  • Restaurant Chain Pays Nearly $3 Million to Settle Age Discrimination Claims

    Date:
    May 10, 2018
    Type:
    News

    The Florida-based chain Seasons 52 has agreed to pay $2.85 million and provide equitable relief to settle an Age Discrimination in Employment Act (ADEA) lawsuit brought by the Equal Employment Opportunity Commission (EEOC) on behalf of applicants ages 40 and older who had been denied jobs because of their age.

  • EEOC Discusses Age Discrimination Issues at New York Seminar, Commission Meeting

    Date:
    June 7, 2017
    Type:
    News

    The Equal Employment Opportunity Commission (EEOC) is currently hosting the New York District Technical Assistance Program Seminar (TAPS), which has emphasized federal age discrimination protections in conjunction with the 50th anniversary of the Age Discrimination in Employment Act of 1967 (ADEA).

  • Texas Roadhouse Settles EEOC Age Bias Lawsuit for $12 Million

    Date:
    April 4, 2017
    Type:
    News

    The Texas Roadhouse restaurant chain has agreed to pay $12 million to resolve a class action lawsuit in which the EEOC accused it of engaging in a nationwide pattern and practice of age discrimination in hiring.

  • Job Applicants May Not Bring ADEA Disparate-Impact Claims, 11th Circuit Finds

    Date:
    October 14, 2016
    Type:
    News

    In a first-of-its-kind ruling, the 11th Circuit has held that the disparate-impact provision in the Age Discrimination in Employment Act (ADEA) only covers discrimination against employees, not job applicants. The decision creates a split in the circuits that could lead to Supreme Court review.

  • Age Discrimination Prevention - Supervisor Briefing

    Type:
    Supervisor Training

    This briefing for supervisors examines the law and best practices for avoiding age discrimination in the workplace.

  • Recruiting: Georgia

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Georgia employment law requirements HR must follow with respect to recruiting.

  • Minnesota Age Discrimination Poster

    Type:
    Policies and Documents

    As mandated by the Minnesota Department of Labor and Industry, Labor Standards, all Minnesota employers must post the Minnesota Age Discrimination Poster.

  • Louisiana Age Discrimination Poster

    Type:
    Policies and Documents

    As mandated by the Louisiana Workforce Commission, all Louisiana employers must post the Louisiana Age Discrimination Poster.

  • The Reasonable Factor Other Than Age Defense Under the ADEA

    Type:
    Legal Insight

    This legal insight analyzes Supreme Court precedent on the Reasonable Factor Other Than Age Defense and a new EEOC rule that makes it harder for employers to establish the RFOA defense in a disparate impact discrimination claim under the ADEA.

About This Topic

HR guidance on policies and practices to combat age discrimination in the workplace.

© 2019 Reed Business Information Inc.