You Can’t Teach Old Dogs New Tricks and You Can’t Discriminate Against 40-plus Private or Federal Sector Employees

You Can’t Teach Old Dogs New Tricks and You Can’t Discriminate Against 40-plus Private or Federal Sector Employees

Most people are familiar with The Age Discrimination in Employment Act of 1967 (ADEA).  It protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, 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 permits 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 unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

Check out Syntrio's Age Discrimination Infographic for some data, which may surprise you.

 


Syntrio's Anti-Discrimination training educates your staff on all protected classes.  We also have a course focused on the ADEA: Preventing Age Discrimination.


The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.

ADEA protects the affected group of employees in areas including:

  • Benefits
  • Apprenticeship Programs
  • Job Notices and Advertisements
  • Pre-employment Inquiries

The U.S. Equal Employment Opportunity Commission (EEOC) this week announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law (EEO Digest), which is available on the EEOC’s website.

This edition (Fiscal Year 2017, Volume 2) features a special article entitled, “Age Discrimination: An Overview of the Law and Recent Commission Decisions.” This comprehensive article discusses the analysis of age discrimination claims and recent case law – including U.S. Supreme Court decisions and Commission decisions.

This digest includes summaries from seven different ADEA cases ruled on by the EEOC in the federal sector including cases by plaintiffs against the following organizations:

  • Department of Defense
  • Department of Homeland Security
  • Department of the Interior
  • United State Postal Service
  • Department of the Treasury
  • Department of Transportation
  • Department of the Army

Of course, all discrimination against protected classes is illegal and morally wrong.  This most recent update by the EEOC demonstrates how important prevention of age discrimination is in the federal sector also.


Has this article made you think about the current training you provide related to age discrimination?  Do you have questions about your current compliance training program? Contact us and we can work with you to make recommendations to augment and/or improve your current offering.

Syntrio is a leader in both the ethics and compliance field, as well as human resources and employment law, and is prepared to help your company implement a compliance program aimed at reducing the potential impact of compliance violations within the organization. Syntrio takes an innovative philosophy towards compliance program design and strives to engineer engaging, entertaining, and thought-provoking content. Contact www.syntrio.com for more information about our ethics and code of conduct online courses and remember to follow us on Facebook, TwitterGoogle Plus and LinkedIn for daily updates on employment law and compliance that impact your company!

 

Written by Darin Hartley, Director of Marketing, Syntrio, Inc.

Posted in Code of Conduct, Compliance Training, Diversity and Respect, Ethics, Managing Within the Law, Sexual Harassment and tagged , , , , , , , , , , , , , .