Age Discrimination

MGT 334 Employment & Labor Law: Notes on Age Discrimination

Age Discrimination Definition

  • Age discrimination refers to the unfair treatment of individuals based on their age, particularly in employment-related contexts.

Legislation on Age Discrimination

Age Discrimination in Employment Act of 1967

  • This act aimed to protect individuals aged 40 and older from discrimination in the workplace.

  • Key Provisions include:

    • Focus on protecting older workers in hiring, firing, and employment conditions.

    • Applies to businesses with 20 or more employees and 25 or more union members.

Michigan Law: Elliott-Larsen Civil Rights Act (1976)

  • This act further defines civil rights and prohibits discriminatory practices based on multiple factors including age, race, and religion. Specific points include:

    • Purpose of the Act:

    • Define civil rights

    • Prohibit discriminatory policies and practices

    • Preserve confidentiality of certain records related to arrests that did not result in conviction

    • Outline the powers of the civil rights commission

    • Provide remedies and penalties

    • Repeal older acts and parts thereof

Scope of Age Discrimination Laws

  • The Age Discrimination in Employment Act (ADEA) applies to:

    • Individuals aged 40 or older

    • Employers with 20 or more employees

    • 25 or more union members

    • Covers employment agencies, hiring halls, international workers, and state and local governments.

Prohibited Actions Under Age Discrimination Laws

  • The ADEA prohibits various discriminatory actions, including:

    • Refusal or failure to hire an applicant based on age.

    • Discharge or firing an employee due to age.

    • Adverse terms and conditions of employment.

    • Mandatory retirement of employees based solely on age.

Legal Concepts in Age Discrimination

Disparate Treatment

  • Definition: A situation in which individuals in similar situations are treated differently based on their age.

    • Circumstantial Evidence and Plaintiff's Prima Facie Case:

    1. Must show they are part of a protected class (i.e., over 40).

    2. Experience adverse action (like termination).

    3. Must be qualified for the position.

    4. Must demonstrate that they were replaced or treated differently due to age (but-for standard).

Legitimate Justification (LNDR)

  • An employer can show that the adverse action was based on legitimate reasons including:

    • A Bona Fide seniority system.

    • Other reasons like retirement or pension plans.

    • Any reasonable factor other than age.

Exceptions to Age Discrimination Laws

  • Limited exceptions to the rules include:

    • Bona Fide Occupational Qualifications (BFOQ).

    • Specific executive exemptions.

    • Individuals such as firefighters and law enforcement officers.

    • Compliance with foreign laws.

Case Law Example

  • EEOC v Exxon Mobile Corp - 560 Fed Appx 282 (5th Cir 2014): Case illustrating these exceptions.

Additional Provisions Related to Age Discrimination

Older Workers Benefit Protection Act of 1990

  • Governs waivers of age discrimination claims and sets forth conditions for validity:

    • Must be knowing and voluntary.

    • Must be in writing.

    • Must provide additional compensation beyond just salary.

    • Must specifically list claims under the ADEA.

    • Employee should consult with an attorney.

    • Employee has 21 days to sign the waiver.

    • 7-day revocation period after signing.

    • Waivers can only address past claims.

Relevant Case Law for Waivers

  • Oubre v Entergy Operations, Inc. 522 US 422 (1998): Landmark case for interpreting the conditions of waivers under the Older Workers Benefit Protection Act.