AGE DISCRIMINATION

The Age Discrimination in Employment Act (ADEA) of 1967 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 or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. 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.

The ADEA generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. A job notice or advertisement may specify an age limit only in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the normal operation of the business.

Terminated employees who are above the age of forty and thus qualify for protection under the ADA may be required to sign a release at the time of termination in order to receive a severance package. In the release, an employer may ask the employee to waive his or her claims under the ADEA. However, the ADEA, as amended by the Older Workers Benefit Protection Act, sets out specific minimum standards that must be met in order for such a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver must be in writing and be understandable, specifically refer to ADEA rights or claims, not waive rights or claims that may arise in the future, be in exchange for valuable consideration, advise the individual in writing to consult an attorney before signing the waiver, and provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it. There may be additional requirements depending on the specific nature of the termination program that determine the validity of these agreements.

FOR EMPLOYEES: If you are an employee who believes that you may have been the victim of age discrimination, or have been offered a release which could waive your ADEA rights, please call me at 215-545-8917 to discuss your situation.

FOR EMPLOYERS: If you are an employer seeking legal advice in handling a potential claim of age discrimination, or want to implement policies and practices to comply with the ADA, avoid lawsuits, and mitigate damages in lawsuits, please call me at 215-545-8917 to discuss your needs.

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