The Civil Rights Age Discrimination Act

The Civil Rights Age Discrimination Act was passed by Congress in 1967. It is part of a class of antidiscrimination legislation that also includes the Civil Rights Act of 1964, which set forth Title VII antidiscrimination prohibitions that protect against discrimination on the basis of race, religion, gender, national origin or sex, and the Americans with Disabilities Act. It prohibits discrimination based on age in hiring, firing, terms and conditions of employment. It protects workers over the age of 40, and it applies to all employers (public, private and government) with 15 employees or more, and to labor unions and employment agencies.

Why?

Congress passed the Civil Rights Age Discrimination Act for four reasons. The first was that they believed the older workers were disadvantaged at getting and maintaining employment in a more affluent and productive society. The second was that Congress believed that arbitrary age limits, which discount the potential of the older worker to do a job, had become common and were restricting qualified older workers from jobs. The third was that Congress believed that long-term unemployment was higher among older workers, causing a deterioration in skill and moral. The fourth was that Congress believed that this arbitrary age discrimination was hindering commerce and the free flow of goods.

Employers/Labor Organizations

The Civil Rights Age Discrimination Act prohibits employers from discriminating against older workers in terms of hiring, firing, compensation, terms, conditions, or privileges of employment. Employers are also prohibited from engaging in disparate treatment, so they may not limit, classify, group or segregate older employees in any manner that deprives them of equal opportunities within the work place or hinders their status within the work place. Finally, employers are prohibited form reducing the wage rate of older workers whom they are only keeping as employees because the Civil Rights Age Discrimination Act mandates that they can't be fired because of age. Employment agencies also may not discriminate, and they can't refrain from recommending a person for a job because of age.

Labor Unions

Labor organizations or unions can't exclude older workers from membership because of age, nor can they limit, segregate or classify any members because of age or refuse to refer workers because of their age.

Protecting Those With Claims

In order to protect the rights of employees to file age discrimination claims under the Civil Rights Age Discrimination Act, the legislation also makes it illegal for employers, employment agencies and labor unions to discriminate against any employee who opposes illegal age discrimination, participates in proceedings or investigations, or sues the company for illegal discrimination.

Employer Rights

Employers maintain the right to discriminate on the basis of age if there is a bona fide occupational reason for doing so. In other words, if workers are treated differently and/or not hired or fired because there is a legitimate business purpose, or because the age-based classification is reasonable based on other legitimate factors. Seniority systems, based on length of time in employment, are also permitted as long as they do not set a compulsory or involuntary age of retirement. Benefit programs are also permitted, as long as the benefits given to older workers are equivalent to those of younger workers. Finally, employers retain the right to fire or discharge older workers for cause or on legitimate factors other than age.

References

• EEOC