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´╗┐Age Discrimination In employment: Some Questions And Answers

from: www.employmentexposed.com

Understanding the ins and outs of age discrimination in employment does not necessarily take a legal degree, but it does take a whole lot of common sense. The law enacted in the 1960s is designed to protect workers age forty and over from age discrimination in employment, it is not designed to penalize employers from getting the company they need done completed.

To help employees and employers understand some of the basics about age discrimination in employment it is important to comprhend some of the most common questions that come up in regard to the law and their answers.

What exactly is age discrimination?
Simply put, age discrimination in employment involves any unfair act or practice that discriminates against anyone based on their age. It is unlawful to base a hiring, firing or promotional decision based on their age.

Is any person exempt from the law?
Yes. The age discrimination in employment laws apply to businesses and employers that have twenty or more employees on staff. It is still generally considered quite wise for small employers to ensure the law is followed, as well. The law applies to employment agencies, labour organizations and government bodies, as well.

Has there ever been a cause for an exception to the rule?
In some employment situations the age discrimination in employment laws will not apply based on the nature of the job. The onus to prove age needs to be a factor in decision making falls on the employer.

What must an employee do when discrimination is suspected?
Complaints may be filed with the Equal Employment Opportunity Commission. Violations could take place prior to hiring, during the advertising process and in regard to promotions, firings, layoffs and even benefits.

How are benefits related to age discrimination in employment laws?
A law passed in 1990 makes it illegal for employers to deny benefits to older workers. A reduced package might be offered if the cost to the employer is the same as that for younger employees.

Does the law apply to apprenticeship programs?
Absolutely. Unless a program has otherwise been exempted from the laws, apprenticeship programs are subject to its reach.

Is it legal for a potential employer to ask a candidate's age?
The practice is not prohibited under law, but it could open the door for scrutiny if a complaint is filed. Generally, employers decide not to ask date of birth or age prior to the actual hiring process.

Understanding the age discrimination in employment laws will help employees recognize problems. It will also protect employers. Before hiring or going out for work, it is not a bad idea to consider brushing up on the laws that govern employment.
Christine Gray is a recognized authority on the subject of employment. Her website Employment Discrimination 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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