Age Discrimination in Employment Act
Finding a job is a challenge at any age. The job hunt can be a fierce, competitive battle. The Age Discrimination in Employment Act attempted to level the playing field by ensuring that older Americans have an equal opportunity to compete with younger Americans for jobs and an equal opportunity to retain those jobs after the age of 40.
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Significance
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The Age Discrimination in Employment Act mandates that older job candidates be considered based on their ability to do the job. It states that candidates who are more than 40 years old cannot be discriminated against in hiring because of their age. Employers cannot pay older employees less than younger ones because of age, and they cannot force older employees into retirement before age 65 (or 60 in the case of pilots).
History
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In 1964, the United States Congress passed the Civil Rights Act. This legislation prevents employers from discriminating against employees and job applicants based on race, sex and other factors. The goal of this legislation was to provide minorities and women with equal opportunities to compete for jobs. Older Americans received no protection in this legislation, and Congress attempted to rectify this by passing the Age Discrimination in Employment Act in 1967.
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Employers
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Some employers are not affected by the legislation. Only employers in industries that engage in interstate commerce are required to act in accordance with this legislation. Employers with fewer than 20 employees are not subject to the legislation either.
Employees
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The Age Discrimination in Employment Act does not have many exceptions as far as which employees are covered. Independent contractors are not protected. Otherwise, eligibility for employee protection under the act is determined by the qualifications of the employer. If an employer engages in interstate commerce and has 20 or more employees, he is subject to the ADEA. If the employer has workers or candidates who are more than 40 years old, those workers are protected by the ADEA.
Amendments
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Until the Age Discrimination in Employment Act was amended in 1986, it protected workers ages 40 to 70. Anyone older than 70 was offered no protection against age discrimination. The 1986 amendment extended protection under the law to those over 70 years old. This amendment also makes it illegal for employers to discontinue health coverage for those over 70 years of age if the health coverage is offered to younger employees. In 1991, Congress passed the Older Workers' Benefit Protection Act. This act further protected the rights of older American workers to receive the same benefits as younger ones.
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References
Resources
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