What are the statutes of limitation for age discrimination?
Federal law prohibits most employers from discriminating against job applicants and employees on the basis of age. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. Illegal discrimination can occur in hiring, training, benefits, compensation, promotion, firing, layoffs and other terms, conditions and privileges of employment.
The major components of the ADEA include the following:
- Employers must not discriminate on the basis of age at any stage of the employment process against anyone 40 years of age or older.
- Employers are prohibited from discriminating based on age in advertisements for available positions, the application process or interviews. Ads may include age limitations only if age is a bonafide occupational qualification (BFOQ) based on business necessity; this is a very narrow exception.
- Employers must not discriminate against older workers when reducing the size of their staffs.
- Employers may not force their employees to take early retirement, but they may offer early retirement incentive packages.
- Workers who take action under the ADEA cannot be retaliated against for filing, testifying about or participating in a claim against an employer.
- Under the Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, an employer typically may not reduce or deny benefits for older employees. In certain situations, however, benefits for older workers may be reduced if the reduction renders the cost of benefits for older workers equal to the cost of benefits for younger workers.
If you believe you have been discriminated against due to your age, then speak with an attorney to assert your rights and get your career back on track. Wenzel Fenton Cabassa, P.A. office offers a free confidential consultation at offices in Orlando or Tampa.