The Age Discrimination in Employment Act of 1967: Issues Litigated at the Supreme Court Level

In 2000, the U.S. Census estimated that 12.4 percent of the U.S. population was 65 or older. Between 2010 and 2030, that number is expected to go up to 21.8 percent because of the retirement of the baby boom generation. With fewer jobs available and more people looking for work, older Americans may face discrimination in the workplace. The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older from being treated unfairly at work because of their age. It applies to employers with 20 or more employees, and covers things like hiring, firing, promotions, and training. The Supreme Court has interpreted the ADEA in different cases over the past 30 years, which helps us understand how the law protects older workers. The Age Discrimination in Employment Act (ADEA) protects older workers from being treated unfairly because of their age.

There are two main types of claims that can be made under the ADEA: disparate treatment claims and disparate impact claims. Disparate treatment claims involve proving that an employer treated someone differently because of their age. Disparate impact claims involve proving that an employment practice has a negative impact on older workers, even if there was no intention to discriminate.

The ADEA also prohibits retaliation against individuals who complain about age discrimination.

There are also laws that protect younger workers from being discriminated against in favor of older workers.

The ADEA allows employers to make decisions based on an employee’s pension status, as long as it’s not solely based on their age. However, using pension status as a way to discriminate based on age is still illegal. The ADEA protects older workers from age discrimination in the workplace, but it has some limitations. For example, to receive double damages, a plaintiff must prove that the employer’s actions were willful. The ADEA also allows for defenses based on reasonable factors other than age and bona fide occupational qualifications. Additionally, before filing a lawsuit, a person must first try to resolve their issue through state procedures or with the EEOC. Finally, the ADEA allows for arbitration of claims, but it’s important to understand the limitations. Overall, while the ADEA provides protection, there are still challenges for older workers facing age discrimination. The Age Discrimination in Employment Act (ADEA) protects people from being treated unfairly at work because of their age. It applies to people over 40 and prohibits employers from making decisions based mainly on someone’s age. The ADEA has been changed over the years, and has been the subject of several court cases that have helped to clarify its rules. Overall, the ADEA is meant to make sure that older workers are treated fairly in the workplace. These are citations from legal cases and statutes, discussing issues related to employment and age discrimination. The author is an attorney practicing in the area of business disputes and commercial litigation. The column is submitted on behalf of the Labor and Employment Law Section. The purpose of the section is to instill in its members the principles of duty and service to the public, improve the administration of justice, and advance the science of jurisprudence.

Source: https://www.floridabar.org/the-florida-bar-journal/the-age-discrimination-in-employment-act-of-1967-issues-litigated-at-the-supreme-court-level/