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Age Discrimination Laws
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Age Discrimination and Layoffs
Layoffs must not disproportionately impact older employees. Key Points: Worker Adjustment and Retraining Notification Act may apply, severance often considered, scrutinized for age bias.
Mandatory Retirement
ADEA generally prohibits mandatory retirement ages. Key Points: Exceptions exist for high policymakers and public safety workers, age can be a BFOQ (Bona Fide Occupational Qualification) very rarely.
Compensation and Age
Compensation decisions cannot be made on the basis of age. Key Points: Equal pay for equal work, monitor for disparities, older workers must not be paid less solely due to age.
State Age Discrimination Laws
State laws may provide broader protections against age discrimination. Key Points: May cover smaller employers, offer greater damages, longer filing periods can apply.
ADEA and Employee Training
ADEA applies to training programs. Key Points: Cannot be denied based on age, important for career advancement, training opportunities should be communicated equally.
Harassment Based on Age
Harassment due to age is prohibited. Key Points: Must create a hostile work environment, can be by supervisors or colleagues, occasional teasing is not enough.
Age Discrimination Claims Filing Period
Claims must be filed within 180 days of the incident. Key Points: Can extend to 300 days if a state law provides, time is crucial, different rules may apply for federal employees.
ADEA and Retaliation
Retaliation against an individual for opposing age discrimination is illegal. Key Points: Applies to those filing complaints or involved in litigation, protections against adverse employment actions, fostering an environment of fearlessness is key.
Waivers of ADEA Rights
Waivers must meet specific criteria to be valid. Key Points: Must be knowing and voluntary, require consideration, and individuals have the right to consult an attorney.
ADEA and Workplace Policies
Workplace policies must comply with ADEA. Key Points: Regular review to ensure no age bias, apply policies uniformly, changes in policy must consider ADEA compliance.
ADEA and Company Policy
Company policies cannot reduce age discrimination protections. Key Points: Even if not intended, impact matters, must be assessed for disparate impact on older workers.
Benefit Protection
ADEA protects employee benefits for older workers. Key Points: Benefits may not be reduced because of age, OWBPA ensures fair waivers, sometimes cost can justify changes.
ADEA Exemptions
Certain employees may be exempt from ADEA protections. Key Points: Executives with high policy-making roles can have mandatory retirement, public safety personnel, specific industries like airline pilots have exemptions.
Promotions and Age Discrimination
The promotion process must be free from age bias. Key Points: Qualifications matter over age, watch for patterns disadvantaging older workers, transparency in the promotion process is crucial.
ADEA and Job Assignments
Job assignments cannot be given based on age. Key Points: Must be determined by skills and qualifications, age-related stereotypes must be avoided, look for patterns indicating bias.
Minimum Age for ADEA Protections
The ADEA provides protections starting at age 40. Key Points: No upper age limit, prohibitions on mandatory retirement, and applies to employees and job applicants.
Age Bias in Job Advertisements
Job advertisements cannot show age bias. Key Points: Terms like 'young' or 'recent graduate' may indicate bias, inclusivity is important, age neutral language is required.
Pre-Employment Inquiries and Age
Questions about age during hiring process are scrutinized. Key Points: Application forms should avoid age-related questions, focus should be on ability to perform job, questions can expose employer to liability.
Statute of Limitations for ADEA Lawsuits
There is a set period within which a lawsuit must be filed. Key Points: Typically starts when the discrimination occurs, legal advice is important, missing the deadline can forfeit the claim.
ADEA Amendments
The ADEA has been amended to adapt to changing workplace dynamics. Key Points: Older Workers Benefit Protection Act is an important amendment, clarified issues on benefits and waivers, response to Supreme Court decisions.
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