What is the Age Discrimination in Employment Act of 1967?
Written by Cooper & Friedman PLLC on April 21, 2016
In 1967 the U.S. Congress created the Age Discrimination in Employment Act to protect persons 40 years and older in the workplace. The main goal of this law is to give the same personal rights and freedoms toevery employed individual, regardless of age. As attorneys defending victims of workplace discrimination practices in Kentucky and Indiana, we’re very familiar with the Age Discrimination in Employment Act.
With the current economy and rise of inflation, more people are working longer to support themselves and their families. Further, many older individuals get a lot of satisfaction from playing an active role in the labor force. And based on current projections reported by the Pew Research Center, by 2022 32% of people between 65 and 74 will still be working.
As the average age of employees increases, and the number of older people in the workforce grows, job protection for older workers is more important than ever. The Age Discrimination in Employment Act of 1967 offers workplace protections based on employer practices, labor organizations and benefit plans. Additionally you can learn more through the U.S. Equal Employment Opportunity Commission.
5 Things to Know about the Age Discrimination and Employment Act of 1967
If you are unfamiliar with the Age Discrimination and Employment Act of 1967 or you are struggling to
defend your rights as an aging individual in the workplace, there are some important facts for you to know. Here are five key things to remember about the Age Discrimination in Employment Act of 1967.
- This law does NOT protect elected officials, independent contractors or military personnel. With these three exceptions, the law DOES apply to employers with at least 20 employees, employment agencies, the federal, state and local government and labor organizations with at least 25 members.
- Employers cannot mention age or say that they prefer a certain age for a specific position. Under this law employers are discouraged from asking for your date of birth or graduation date on a job application because this could become an issue of concern later.
- For individuals, it is important to know that employers CANNOT reduce benefits based on a person’s age. This is especially important for those that have a held a long-term position. If you start to notice a decrease in your benefits, you may want to confront this situation head on.
- Always consult a workplace discrimination lawyer before taking any immediate action. You will want to make sure that you actually have a case to fight for before making any rash decisions. The attorneys at the Cooper and Friedman law firm provide free consultations to anyone considering a workplace discrimination case in Kentucky or Southern Indiana.
- If you decide to take action on an age discrimination claim and have consulted a workplace discrimination attorney, it is in your best interest to file a charge within 180 days of the discriminatory action. Timing is an important factor in an age discrimination case because in some states there is a 300 day limit on cases. You can visit the EEOC website for more details on filing a workplace discrimination charge.
Understanding your legal rights in an age discrimination case is important for all workers. The Age Discrimination in Employment Act of 1967 is meant to offer you protection and address your personal
rights as an employee.