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Age Discrimination Laws

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Age Discrimination and Layoffs

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Layoffs must not disproportionately impact older employees. Key Points: Worker Adjustment and Retraining Notification Act may apply, severance often considered, scrutinized for age bias.

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Mandatory Retirement

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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.

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Compensation and Age

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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.

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State Age Discrimination Laws

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State laws may provide broader protections against age discrimination. Key Points: May cover smaller employers, offer greater damages, longer filing periods can apply.

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ADEA and Employee Training

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ADEA applies to training programs. Key Points: Cannot be denied based on age, important for career advancement, training opportunities should be communicated equally.

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Harassment Based on Age

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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.

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Age Discrimination Claims Filing Period

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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.

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ADEA and Retaliation

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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.

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Waivers of ADEA Rights

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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.

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ADEA and Workplace Policies

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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.

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ADEA and Company Policy

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Company policies cannot reduce age discrimination protections. Key Points: Even if not intended, impact matters, must be assessed for disparate impact on older workers.

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Benefit Protection

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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.

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ADEA Exemptions

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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.

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Promotions and Age Discrimination

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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.

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ADEA and Job Assignments

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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.

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Minimum Age for ADEA Protections

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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.

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Age Bias in Job Advertisements

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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.

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Pre-Employment Inquiries and Age

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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.

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Statute of Limitations for ADEA Lawsuits

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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.

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ADEA Amendments

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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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