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The Age Discrimination In Employment Act Protects Every Employees
from: www.employmentexposed.comThe Age Discrimination in Employment Act passed in 1967 ended a lot of woes for several employees who often felt the doors shut on their careers and room for advancement after the age of forty. The law, however, is not always fully understood by employers or employees.
While the Age Discrimination in Employment Act prohibits basing hiring, firing or layoff decisions based on age, it does not allow employees age forty or over free reign to do as they want. Under the Age Discrimination in Employment Act, employers can still base decisions on performance, abilities and skills. The act is designed to protect employees from unfair and unwarranted decisions. It is not intended 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, benefits, assignments, promotion, pay, training opportunity and even layoffs in regard to age.
• From refusing equal benefits to employees because of age, unless a reduced package for older workers costs the same as the benefits offered to younger employees. (This is a very tricky loophole in the Age Discrimination in Employment Act that several employers do not want 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 every employer with twenty 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 has to be able to approve a "bona fide" occupational qualification. This loophole usually 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 making certain actions, workers age forty or over must still prove their mettle for employment. Employers still retain the rights to fire 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 many options at their disposal. They could 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 hard 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.
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Christine Gray is a recognized authority on the subject of employment. Her website Employment Search provides a wealth of informative articles and resources on everything you will need to know about employment opportunities. All rights reserved. Articles may be reprinted as long as the content and links remains intact and unchanged.
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