The Age Discrimination in Employment Act of 1967 (ADEA) protects people 40 years of age or older from employment discrimination based on age. It's important to realize these protections apply not only to employees but also to job applicants. The ADEA states that it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA does permit employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older. It is also important to note that discrimination under this act can occur when the aggrieved employee and the employer or supervisor are both over 40 years old.
Age Discrimination Lawsuit Rules
The ADEA applies to employers who have 20 or more employees, including state, federal, and local government. Also, all ADEA rules apply to employment agencies and labor organizations. This law provides that an employee can file a lawsuit in either state or federal court under this act 60 days after a charge of discrimination has been filed with the EEOC. An employee has 90 days from the date he or she receives a notice of termination or dismissal to commence a lawsuit. The EEOC is required to try to "conciliate" or resolve the dispute between the employer and the employee. A conciliation conference is similar to a mediation conference.
Record Keeping Requirements
The ADEA imposes strict requirements on the employer regarding recordkeeping. The employer must keep records for three years of each employee that reflects the employee's name, address, date of birth, occupation, rate of pay and compensation earned each week. The act goes on to provide that records are to be maintained of promotions, demotions, and layoffs of employees. Further, documents an employer receives from prospective employees from any source such as job applications or resumes must be maintained by the employer. An employer also has to maintain copies of any notices that it published anywhere to solicit people to apply for employment.
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