Los Angeles employment lawyer

Understanding the Age Discrimination in Employment Act

The Age Discrimination in Employment Act, or the ADEA, was an important piece of legislation passed by the US government in 1967, intended to protect individuals over the age of 40 from age-based discrimination in the work place. This act not only governs the treatment of individuals who are already part of a company, but regulates the treatment of “potential employees” as well.

However, the rules and regulations stipulated in the ADEA are not applicable to all businesses. In order to for the ADEA to apply, a company must employ at least 20 employees on a consistent basis. Additionally, the ADEA allows for states to set this requirement at numbers lower than 20. For example, California holds businesses to the age discrimination in employment act if they employ 5 employees on a regular basis.

In the details of the ADEA, the act specifically discusses four areas of employment: apprenticeship programs, pre-employment inquiries, job notices / advertisements, and waivers.

Apprenticeship Programs

The ADEA stipulates that it is illegal for employers to discriminate against employees based on age in both standard apprenticeship programs as well as in joint labor–management programs. While the Equal Employment Opportunity Commission stipulates a few exceptions, more often than not, the regulations set forth in the ADEA apply.

Pre-Employment Inquiries

While there are no rules specifically stating that you cannot ask an interviewee for his or her age, older people have a tendency to not apply for jobs that do require the applicant’s age as this is frequently interpreted as a form of age discrimination.

Job Notices / Inquiries

When an employer posts an advertisement for a specific job, he or she is not allowed to include any age limitations or specifications. The only times that exceptions may apply are in situations of bona fide occupational qualification (BFOQ).

Waivers

In some situations, an employer can ask that an employee waive his or her ADEA rights with regards to a certain retirement package or some other termination program. However, the ADEA does not stipulate what constitutes an acceptable waiver or not.

Contact a Los Angeles Age Discrimination Lawyer

If you or someone you know has been discriminated against on the basis of age, contact Los Angeles age discrimination lawyer Perry Smith today at 888-356-2529 to schedule an appointment with a qualified and experienced employment lawyer.