In 1967, Congress passed the Age Discrimination in Employment Act (ADEA) to protect individuals over 40 from discrimination based on age in company employment as well as in the job market. Some of the areas where age discrimination is prohibited includes, but is not limited to:
- Hiring
- Compensation
- Firing
- Benefits
- Promotion
- Job Assignments
- Layoff
- Training
The ADEA applies when more than 20 employees are employed by:
- Private businesses
- Federal government
- State governments
- Employment agencies
- Local governments
- Labor organizations
Generally, apprenticeship programs and job advertisements are not allowed to require age limitations, specifications or preferences, If a "bona fide occupational qualification" can show that an age requirement is reasonably necessary for the nature of the business, an exception can potentially be made regarding a job advertisement.
If an individual opposes age discrimination practices, files a charge, or participates in an ADEA investigation, proceeding, or litigation, which includes testifying, he or she is legally protected against employer retaliation.
If you have concerns that you may have been discriminated against because of your age, we offer a free consultation to discuss your issues. Please call our office (208) 331-2100 to arrange an appointment.
