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Employment Discrimination_Age Discrimination in Employment

Published on AidPage by IDILOGIC on Jun 24, 2005

Administered by:

US Federal Government Agency (see all agencies)
Equal Employment Opportunity Commission
CFDA #: 30.008

Possible uses and use restrictions...

Individuals 40 years old and older are protected from age discrimination by private employers who have 20 or more employees, by Federal, State and local governments, by employment agencies and by labor organizations. It is unlawful for employers, employment agencies, or labor organizations to use advertisements indicating any preference, limitation, specification, or discrimination based on age. Exceptions to the Act's provisions are provided where age is a bona fide occupational qualification, the differentiation is based on reasonable factors other than age or if an otherwise prohibited practice is in observance of the terms of a bona fide seniority system or employee benefit plan (except that no such seniority system or employee benefit plan shall excuse the failure to hire, or require or permit the involuntary retirement of any individual). Exemptions are provided for the mandatory retirement of bona fide executive and high policy making employees 65 years of age and older who are entitled to at least $44,000 a year from a retirement plan. Some maximum hiring ages and mandatory retirement are permitted for police and firefighters. The EEOC may establish such reasonable exemptions as it may find necessary and proper in the public interest.