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The Age Discrimination In Employment Act Protects Employees

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The Age Discrimination in Employment Act passed in 1967 ended a lot of woes for employees who often felt the doors close on their careers and room for advancement after the age of 40. The law, however, is not always fully understood by employees or employees.

While the Age Discrimination in Employment Act prohibits basing hiring, firing or layoff decisions based on age, it does not give employees age 40 or over free reign to do as they please. Under the Age Discrimination in Employment Act, employers are still able to base decisions on performance, abilities and skills. The act is designed to protect employees from unwarranted decisions. It is not meant to punish employers or impede their abilities to see business get done.

Under the Age Discrimination in Employment Act, employers are prohibited from:

• Discriminating in regard to hiring, firing, promotion, pay, benefits, assignments, training opportunities and even layoffs in regard to age.
• From refusing equal benefits to employees because of age, unless a reduced package for older employees costs the same as the benefits offered to younger workers. (This is a tricky loophole in the Age Discrimination in Employment Act that many employers do not choose to exercise.)
• Taking retaliatory action against an employee who files a claim of age discrimination or takes part in an investigation into the claim of another.

While the Age Discrimination in Employment Act applies to all employers with 20 or more employees, there are a few exceptions to the law. There are certain circumstances where it is deemed lawful to hire, fire and promote based on age. Under these circumstances, an employer must be able to approve a "bona fide" occupational qualification. This loophole tends to come into play within career fields that are extremely physical in nature.

Although the Age Discrimination in Employment Act protects employees and prohibits employers from taking certain actions, workers age 40 or over must still prove their mettle for employment. Employers still retain the rights to dismiss with just cause as long as age does not play a role in the decision.

Workers, who feel they have been the victim of an Age Discrimination in Employment Act violation, have several options at their disposal. They can file claims with the Equal Employment Opportunity Commission or hire an attorney to do so. Claims are generally handled by local level offices within most states.

Following the Age Discrimination in Employment Act is not a difficult undertaking for an employer. If policies, procedures and practices spell out decision-making based on abilities and not age or other discriminatory factors, an employer should be free and clear.



 

Employment Discrimination Indianapolis News

Decatur Township Schools Named In Age Discrimination Lawsuit - WRTV Indianapolis


Decatur Township Schools Named In Age Discrimination Lawsuit
WRTV Indianapolis
INDIANAPOLIS -- Two former employees of the Metropolitan School District of Decatur Township have filed federal lawsuits alleging they were discriminated against because of their age. Bus driver Teresa Surber, 56, alleges she went on medical leave for ...
Decatur Township Schools faces 2 age discrimination lawsuitsIndianapolis Star

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Ind. diocese denies discrimination over IVF - Fox News


Ind. diocese denies discrimination over IVF
Fox News
The Diocese of Fort Wayne-South Bend and St. Vincent de Paul school in Fort Wayne argued in court documents that Emily Herx's lawsuit should be barred by a federal law that prevents religious workers from suing their employers for job discrimination.

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Ind. woman alleges protective order led to firing - NECN


Ind. woman alleges protective order led to firing
NECN
Kristianne Rouster had sued the mail and document-management company in federal court in Indianapolis, alleging she had been fired because Pitney Bowes was concerned her protective order against her boyfriend could bring harm to its employees.
Indy woman alleges protective order led to firingMuncie Star Press
Victims of abuse in Indiana can face double pain: loss of jobThe Courier-Journal
In Indiana, domestic violence can pose dilemma for employersIndianapolis Star

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Ind. diocese denies discrimination over IVF - San Francisco Chronicle


Ind. diocese denies discrimination over IVF
San Francisco Chronicle
The Diocese of Fort Wayne-South Bend and St. Vincent de Paul school in Fort Wayne argued in court documents that Emily Herx's lawsuit should be barred by a federal law that prevents religious workers from suing their employers for job discrimination.

and more »

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INSIDE INDIANA BUSINESS: Businesses prepare for smoking ban - nwitimes.com


INSIDE INDIANA BUSINESS: Businesses prepare for smoking ban
nwitimes.com
Indianapolis–based Axia Technology Partners LLC is growing its Indiana footprint. The information technology services firm plans to open its second office in Bloomington next month and hire up to 10 employees. The first phase of the $32 million ...

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