The Federal Age Discrimination in Employment Act of 1967 prohibits discrimination based on age among employees and job applicants. The scope of this act extends to public sectors and the private sector with a total number of 20 or more employees. Therefore, employment agencies and labor organizations would also come under the purview of ADEA. In case of any grievances, an employee can first approach the Equal Employment Opportunity Commission, responsible for the proper enforcement of ADEA. After receiving any complaint, the Commission would initiate an investigation upon the matter and attempt to resolve the dispute between the employer and employee. In adverse matters, litigation is required. An employer who is found violating provisions of ADEA may be ordered by Court any or all of the following:
Compensate the employee for the loss, which is an outcome of discrimination.
Pay the employee all wages and benefits to which they are entitled.
Remedial action for the effects of discrimination like promoting the employee or payment of front pay, etc.
Pay penalty or liquidated damages.
Reimburse employees attorney fees. Age-based discrimination is a very common practice even today, though legislative machinery prohibits such practices in public and private institutions. It is a very complex issue because proving discrimination based on age is not easy. It results in ineffective use of human resources, hampering the overall progress of a nation.
It is the responsibility of the management in any organization to act according to the rules and regulations as laid on. The ADEA act prohibits the below-given activities by the organization:
Discrimination in hiring practice is prohibited. Moreover, awarding or withholding promotions, wages, termination, and layoffs because of age factor is strictly prohibited by ADEA.
ADEA prohibits the use of or making statements regarding certain age preference or limitations.
ADEA strictly prohibits harassment of older workers because of age.
There shall be no denial of benefits to older employees. The US Equal Employment Opportunity Commission enforces the ADEA in both public and private sectors.
Age Factor in Employment
ADEA regulates fairness in any employment and prohibits any form of discrimination in employment based on age. In addition, ADEA ensures fairness in hiring, firing, termination, layoffs, promotion, appreciation, incentives etc. Mandatory retirement due to age is unlawful in the US, but there are exceptions to this rule in military service, police agencies, etc. The State of Minnesota has laws according to which the judge needs to retire at the age of 70. The Fair treatment of Experience Pilot Act has the provision of mandatory retirement of the pilot at 65. The US federal minimum wage laws allow the employer to pay low wages to younger workers. One should attain a minimum age of 14 to seek a job in the US. Most companies hire workers who have attained 18 years of age or above. A US Congress member should be a minimum of 25 years of age. A senator must be at least 30 years, and the age requirement for the US presidentship is 35 years of age.
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