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Age Discrimination In Employment Act
In an attempt to provide equal job opportunities to all individuals irrespective of age, the Age Discrimination in Employment Act or ADEA was enforced in 1967. |
The law safeguards people of 40 years and beyond from being discriminated in professional establishments on the basis of age. The law covers the rights of potential candidates and the employees in the spheres of engaging, dismissal, promotion, layoff, advantages and training.All companies with the minimum of 20 employees fall under the jurisdiction of this act. The act also covers state and federal governments.
The law further states many regulations to be followed by professional agencies. Under general circumstances, as per the law it is illegal to pen down any age criteria in a job advertisement. This could be exempted only in cases where the nature of business may make age a mandatory criterion, which includes circumstances illustrating ‘bona fide occupational qualification’ or BFOQ. Elaborating on the same lines, the law specifies that although it is not forbidden by ADEA to enquire a candidate’s age particulars, it may be apt to refrain from such queries to avoid any untoward charges against age discrimination. It is also against the law to discriminate owing to age in apprenticeship programs unless a particular program specifies age restrictions. Any opposition against an individual or employee for filing charges, testifying or co-operating in a lawsuit pertaining to age discrimination is purely illegal.
In step with the Older Workers Benefit Protection Act or OWBPA laid down in the year 1990, the ADEA also protects the rights of work benefits to be provided to the older employees. It was highlighted that one of the main reasons for age discrimination was that the expenditure of providing a set of benefits to older employees exceeds those when catered for the younger group. This cost factor prevented the companies from providing jobs to older candidates. Keeping the interest of both parties in mind, the law allows the employer to club or decrease certain benefits for the older employees only if the total cost of benefits provided to the young and old employees remains the same.
There are certain situations under which the employee may waive off his or her rights furnished by ADEA during a settlement with the employer. However, there are some necessary procedures to be followed in cases of waivers. An adequate waiver must be administered under the supervision of an attorney, should be specific and comprehensible, must take future rights into consideration and the exchange offer should be lucrative. Such waivers are signed only after a contemplation period of 21 days and also provide a 7 day period of retracting.
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Age Discrimination In Employment Act
