As Americans live longer and the older population continues to work, age discrimination law is becoming one of the fastest growing areas of employment law. Age discrimination cases pop up in all 50 states, and some of them result in high payouts against employers.
As a business owner, it's important that you be aware of ageism and what could bring you a major headache in the form of age discrimination cases. Know your age discrimination facts and what the age discrimination act provides in terms of protection.
The federal Age Discrimination in Employment Act of 1967 protects all employees over 40 from discrimination. This includes current employees and job applicants. It applies to any employers with 20 or more employees.
It's relatively easy to avoid age discrimination suits. Know that:
1. Age discrimination labor law forbids you from doing certain things that would constitute discrimination, including using ads or materials that say a certain age is preferred, taking age into account in any hiring or promotion decisions or forcing employees to retire by a certain age.
2. You are protected against federal age discrimination lawsuits if you are the employer of 20 employees or less, or when age is a necessary part of the job. Be aware that some states provide protection for employees even when the employer has fewer than 20 employees.
3. Age discrimination in business is a serious issue, and lawsuits as a result of Ageism Laws cost businesses millions of dollars annually. If you are confronted with age discrimination facts, take them seriously.
Action Steps
The best contacts and resources to help you get it done
Know the law
Know what age discrimination laws apply in your area and how to avoid an accusation of age discrimination.
I recommend: Start with the
Equal Employment Opportunity Commission (EEOC) website, which provides the basic facts about age discrimination law. The
AARP, which provides information on age discrimination and Ageism Law, is another handy place to go for age discrimination facts and to learn the protections afforded by the age discrimination act.
Educate your employees about the law
Make sure your employees know what employment age discrimination is and how they can avoid putting you in a bad position.
I recommend: If you want to direct your employees to information,
Workplace Fairness has an extensive question and answer resource about the basics of age discrimination facts. Several online resources offer training programs and seminars to help avoid age discrimination in employment, for example
Business & Legal Reports.
If faced with an age discrimination case, get professional help
Age Discrimination Law is complicated. Don't represent yourself if faced with a lawsuit.
I recommend: There are several good websites for hiring age discrimination lawyers, among them
LegalMatch, which deals with helping place employment lawyers. Also good is
Small Business Law Firms.com, which can provide you with a lawyer reference if you run a small business.
Tips & Tactics
Helpful advice for making the most of this Guide
- When an employee is over 40, apply stronger scrutiny to any employment decision about that employee than you would if the employee were younger.
- Take any accusation of age discrimination as seriously as you would an accusation of racial or sexual discrimination.
The official source of Age Discrimination Law is
the Age Discrimination Law page at Business.com
Related Resources from Business.com
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