Age Discrimination in the Hiring Process
Some people feel they are discriminated against on the basis of age when applying for jobs. The federal government established The Age Discrimination in Employment Act in 1967 to protect the employment rights of individuals over 40 years of age. The federal government does not have provisions in place to protect young workers from age discrimination in the hiring process.
Other People Are Reading
-
Overview of the Established Act
-
The Age Discrimination in Employment Act protects people over 40 from being discriminated against during the hiring process. The Act also prevents employers from overlooking people for promotions or firing them on the basis of age. Employers cannot reduce the wages of an employee based on age. The law prohibits employment agencies from refusing to refer individuals to hiring employers because of their age. People who suffer discrimination must file a complaint with the U.S. Equal Employment Opportunity Commission.
Earlier Attitudes and Practices
-
Prior to the Act, some employers discriminated against people over 40 because they felt that older employees were less capable of performing physical tasks. Companies also discriminated against older employees because their years of experience meant they often demanded higher salaries than young inexperienced workers. Many businesses required employees to work for 30 years before earning a full pension and some companies fired senior employees before they qualified for a full pension.
-
Misconceptions and Facts
-
Many people who feel they have been discriminated against on the basis of age learn when they attempt to file a complaint against their employers that federal law applies only to businesses with 20 or more employees. The federal government does not have provisions to protect employees of small businesses. The federal government attempts to resolve cases through mediation, but if the employer refuses to co-operate against a valid complaint, the employee can file a civil complaint against the company.
Age Discrimination and State Laws
-
Many states have anti-discrimination laws that protect workers. The laws vary greatly from state to state. Wisconsin age discrimination laws mirror the federal laws and apply only to companies with more than 20 employees. In Alaska, companies with just two employees must not discriminate against employees based upon age. The states of Colorado and Oregon are among the states allowing employees to file age discrimination suits against companies of any size.
Litigation
-
States such as Florida, Maine and Mississippi have laws that enable people of all ages to sue employers on the basis of age discrimination. Generally, people think of age discrimination victims as older workers, but these laws enable young workers to claim damages against employers guilty of "reverse age discrimination." Most states attempt to resolve conflicts through mediation, but if parties do not reach a consensus, the victim can sue for damages in state court.
-
