It is unlawful for an employer to fail or refuse to hire,
to discharge, or otherwise to discriminate because of age against any
individual who is at least age 40 with respect to compensation, terms,
conditions, or privileges of employment. This includes practices that
are neutrally applied with no intent to discriminate, but which have
a discriminatory impact on older employees or applicants and are not
justified by business necessity.
It is also unlawful to limit, segregate, or classify employees, or
to classify or refuse to refer for employment any individual, in any
way which would deprive or tend to deprive any individual who is at
least 40 years of age of employment opportunities, or otherwise adversely
affect his or her status as an employee or as an applicant for employment,
because of such individual's age.
With the exception of executive and high policy-making employees at
least 65 years of age and who have been employed during a two-year
period before retirement in such capacity and who are entitled to an
immediate non-forfeitable, employer-financed pension or deferred compensation
plan of at least $44,000 per year, it is unlawful to forcibly retire
an employee.
It is also unlawful to run help-wanted advertisements that indicate
any preference, limitation, specification, or discrimination based
on age. (Example: It is unlawful to specify in advertisements that
an organization will hire only persons receiving social security benefits.)
Age Act exemptions apply when:
1. Age is a bona fide job qualification (BFJQ) reasonably necessary
to the normal operations of a particular business. (Example: public
safety concern relating to piloting of commercial aircraft; fire fighting
and law enforcement; modeling of clothes for teenagers.)
2. Differentiation is based on reasonable factors other than age.
(Example: Use of physical examinations where stringent physical requirements
are necessary to perform the work.)
3. Differentiations are based on the terms of a bona fide seniority
system or bona fide employee benefit plan such as a retirement pension,
or insurance plan which is not a subterfuge to evade the purposes of
the Act.
4. An employee is discharged or otherwise disciplined for good cause.
|
