The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees who are 40 and over. It applies to both the private and public sectors, including the federal government. However, the language in the Act is slightly different when talking about federal employees than when discussing private sector employees.
The closer in time an adverse job action occurs to an employee's discrimination complaint, the more likely it is to be considered retaliation. And, a retaliation complaint can succeed even if the initial discrimination claim was baseless, a federal court recently ruled.
In a hearing of the House Education and Labor subcommittee, lawmakers uniformly agreed that the nation's workplace anti-discrimination laws should be fully enforced. That said, some raised concerns about changes at the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contractor Compliance Programs (OFCCP).
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was passed to protect employees who must be absent from their civilian jobs to serve, on active duty or in the reserves, in the United States uniformed services:
According to a recent survey by the insurer Hiscox USA, 21% of American workers over 40 say they have suffered from age discrimination in the workplace. The age at which they are most likely to experience discrimination is 51, and men may suffer it slightly more than women.
Cheryl F. applied for jobs at Google four times over the course of seven years. Despite "highly pertinent qualifications and programming experience," however, and despite staff interviewers apparently finding her to be a good fit for the company, she was never hired. She believes that it was because she is over 40.
Earlier this year, the Seventh Circuit Court of Appeals ruled that the Age Discrimination in Employment Act (ADEA) does not prohibit discrimination against older job seekers -- only existing employees. Although the Seventh Circuit only covers Wisconsin, Illinois and Indiana, the ruling is final in those states unless the U.S. Supreme Court overturns it. Now, the AARP Foundation has asked the high court for a hearing on the matter.
Ever since the nonprofit newsroom ProPublica did an exposé last year, former IBM employees have wondered whether the company's recent global restructuring and layoffs were motivated in part by age discrimination. Now, a group of ex-workers has filed a federal lawsuit in an effort to break down two barriers IBM put in the way of age discrimination claims.
Walmart announced recently that it plans to eliminate the position of store greeter at all U.S. stores, effective in late April. The news came as a shock to many Walmart greeters, especially those with disabilities. In the past, Walmart had been praised for providing viable jobs for people with a variety of disabilities, offering them the chance to represent the company when customers enter the store.
When your organization is interviewing candidates for a position, does it consider whether the candidate will fit into your company culture? If so, have you created clear standards on what constitutes your culture and how a candidate can demonstrate the ability to align with it?