World Library  
Flag as Inappropriate
Email this Article

Age Discrimination in Employment Act of 1967

Article Id: WHEBN0016677779
Reproduction Date:

Title: Age Discrimination in Employment Act of 1967  
Author: World Heritage Encyclopedia
Language: English
Subject: Discrimination, Labour law, Equal Employment Opportunity Commission, United States labor law, Protected class, Gomez-Perez v. Potter
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202Code, Lyndon B. Johnson.

Scope of protection

The ADEA includes a broad ban against age discrimination and also specifically prohibits:

  • Discrimination in hiring, promotions, wages, or termination of employment and layoffs.
  • Statements or specifications in job notices or advertisements of age preference and limitations.
  • Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing full benefits to younger workers.
  • Since 1986 it has prohibited mandatory retirement in most sectors, with phased elimination of mandatory retirement for tenured workers, such as college professors, in 1993.

Mandatory retirement based on age is permitted for:

  • Executives over age 65 in high policy-making positions who are entitled to a pension over a minimum yearly amount.

Creation and amendments

Written in 1961, the Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 81 Stat. 602 (Dec. 15, 1967), codified as Chapter 14 of Title 29 of the pensions and benefits provided by employers and requires that information about the needs of older workers be provided to the general public.

The ADEA was later amended in 1986 and again in 1991 by the Older Workers Benefit Protection Act (Pub. L. 101-433) and the Civil Rights Act of 1991 (P.L. 102-166).

Case law

The ADEA differs from the Civil Rights Act in that the ADEA applies to employers of 20 or more employees (see Morelli v. Cedel (2nd Cir. 1998) 141 F3d 39, 45.

The ADEA protects US citizens working for US employers operating abroad except where it would violate the laws of that country - Mahoney v. RFE/RL, Inc (DC Cir. 1994) 47 F3d 447, 449.

An age limit may be legally specified in the circumstance where age has been shown to be a "§ 623(f)(1)). In practice, BFOQs for age are limited to the obvious (hiring a young actor to play a young character in a movie) or when public safety is at stake (for example, in the case of age limits for pilots and bus drivers).

The ADEA does not stop an employer from favoring an older employee over a younger one, even when the younger one is over 40 years old. General Dynamics Land Sys., Inc. v. Cline, 540 U.S. 581 (2004).

The United States Supreme Court in Meacham v. Knolls Atomic Power Lab, 554 U.S. 84 (2008), held that the employer, not the employee, bears the burden of proving that a layoff or other action that hurts older workers more than others was based not on age but on some other “reasonable factor.” [1]

The 2008 U.S. Supreme Court ruling Gomez-Perez v. Potter allowed federal workers who experience retaliation as a result of reporting age discrimination under the law to sue for damages.

In Kimel v. Florida Bd. of Regents, 528 U.S. 62 (2000), the U.S. Supreme Court held that state employees cannot sue states for monetary damages under the ADEA in federal court. The EEOC may still enforce the ADEA against states, and state employees may still sue state officials for declaratory and injunctive relief.[2]

Remedies

ADEA remedies include reinstatement and back pay for employee or damages if reinstatement is not feasible and/or employer's violation is intentional.

Defenses

Section 623 of the Age Discrimination in Employment Act discusses the defenses to ADEA claims as follows:

  • Employers may enforce waivers of age discrimination claims made without EEOC or court approval if the waiver is "knowing or voluntary." Blakeney v. Lomas Information Systems, Inc. (5th Cir. 1995) 65 F3d 482, 484.
  • Valid arbitration agreements between employers and employees covering the dispute are subject to compulsory arbitration and no court action can be brought. Gilmer v. Interstate/Johnson Lane Corporation (1991) 500 US 20, 26, 111 S.Ct. 1647, 1652.
  • Employers can discharge or discipline an employee for "good cause," regardless of the employee's age.
  • Employers can take an action based on "reasonable factors other than age."
  • Bona fide occupational qualifications, seniority systems, employee benefit or early retirement plans.
  • Voluntary early retirement incentives.

References

External links

  • http://www.eeoc.gov/policy/adea.html
  • Text of the Age Discrimination in Employment Act of 1967
  • http://www.dol.gov/dol/compliance/compliance-majorlaw.htm#alphabet
  • Fighting Ageism, Through the Ages
  • Synopses of Age Discrimination Law Cases (Free Registration Required)
  • Age Discrimination in Employment Act (ADEA) - law and higher education
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.