What is the Age Discrimination in Employment Act of 1967

Signed into law by President Lyndon B. Johnson, the Age Discrimination in Employment Act of 1967 helps protect workers over the age of 40 by banning several acts and behaviors of age discrimination in the workplace.

Some workers have found that finding or retaining employment after reaching over the age of forty is challenging, not to mention finding new employment should they be wrongfully terminated for their age.

However, you should never settle for discrimination of any kind, and you should exercise your rights to protect yourself.

According to the U.S. Equal Employment Opportunity Commission, the Age Discrimination in Employment Act (ADEA), “it shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such an individual’s age…”

Who is Covered Under the ADEA?

The ADEA applies to employment agencies, federal, local, and state governments, labor organizations with at least 25 members, and companies with at least 20 employees.

Some states have additional laws regarding age discrimination, which vary considerably. The ADEA is on a federal level and specifically protects those over forty, but not those under forty.

Those not protected by the ADEA include military personnel and independent contractors.

Study Done By AARP Shows Shocking Findings of How Common Age Discrimination May Be

A staggering 2 out of 3 workers over the age of 45 have seen or experienced age discrimination in the workplace, according to a study done by the American Association of Retired Persons (AARP). Portions of the survey refer to specific cases of discrimination, such as workers believing that they did not get a job they applied for due to their age, some feeling they had been laid off due to their age, some feeling they were denied or not considered for a promotion due to their age, and more. 

Furthermore, 76% of the respondents to the survey said it would take them, on average, more than three months to find replacement employment if they were let go, based on age bias and the hiring process.

Signs of Possible Age Discrimination at Work

You may recognize some of these examples if you suspect age discrimination is happening in your workplace. Read on to learn more.

Denied a Promotion With Great Work Reviews – many experience great and consistent work reviews but are denied promotions for unapparent reasons. The reasons may simply be age-related, which can be a form of age discrimination.

Encouraged to Retire – believe it or not, some employers are bold in their conversations with older employees and encourage them to retire or consistently tease them about it. These actions are not only unprofessional, but they can be a form of age discrimination. Early retirement packages may also be offered to employees older than the average, and it can be challenging for some to turn these packages down.

Laying Off Older Workers – companies experience layoffs, which is often common when companies experience significant losses or need to protect themselves during a poor economic landscape. However, if those being laid off are only the older workers, while the younger ones maintain their employment, this can be age discrimination.

Suddenly Left Out or Relied Upon Less – some employees describe that they are suddenly overlooked for more challenging projects at work, while the younger employees are handed these projects instead. Others experience employers refusing to invite them to meetings they were once required to attend, being relocated to a different department without valid reasoning, or simply being ignored when decisions are being made that affect the entire team.

A Consistent Pattern of Hiring Only Younger Employees – if there once was a solid mix of ages in the employees at a workplace, and over a couple of years, you notice that only younger employees are being hired, and the older ones are seemingly being pushed out, this is a good indication that age discrimination is occurring.

How Can Employers Protect Themselves From Age Discrimination Issues?

As an employer, you can create an environment with expectations as the leader and ensure that age discrimination isn’t happening in your workplace.

For starters, as a best practice, you can review existing policies or create new ones. Policies, just like other pillars of a company, may need some updating occasionally to remain relevant and effective. Review existing policies to ensure that best practices are in place and age discrimination isn’t occurring through the hiring or firing processes and in day-to-day employment.

It would also be critical to create new policies that align with the ADEA and discuss them with your entire staff so that everyone understands the expectations.

In addition, encourage an open-door policy where concerns and questions can be fielded so that you can help stop any discriminatory practices in their tracks and correct them before they become legal issues for you and your company.

Your Legal Partner in Your Business

Discrimination is never OK. Recognize that you (or your employees) have rights, and they are protected on the federal and, in many cases, at the state level as well. It’s imperative that discrimination doesn’t occur in any workplace, and if it does, severe consequences could result.

Call our office today at (314) 648-2586 to learn more. We work with clients of all sizes, from the employer to the employee and anyone who may feel discriminated against.

Let our partners work with you to investigate the discrimination, properly document it, and pursue damages that you may rightfully deserve.