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Federal Law On Age Discrimination
The government of United States has passed several laws to prohibit age discrimination at workplace. |
The various states too have passes series of resolutions to prevent age-bias. A prominent legislation in this direction is the Age Discrimination in Employment Act (ADEA). This federal law safeguards the interest of employees and applicants aged 40 years or above and prohibits any sort of age discrimination in any aspect of employment.This law is enforced by Employment Opportunity Commission (EEOC), and it counters any illegal practice or methods in various aspects like interview process, hiring process, compensation benefits, promotion, demotion, on the job training, and termination, to mention a few. All federal and local government should comply by the ADEA rules and regulations in their workplaces. However, in case of private companies, ADEA rules and regulations apply to only those with at least 20 employees.
Further, the Older Workers Benefit Protection Act (OWBPA) amended the ADEA to protect employees from age discrimination, in cases pertaining to provision of fringe benefits. These benefits include, but are not limited to, life and health insurance, disability benefits, pensions, and retirement benefits. Like the ADEA, the OWBPA is also applicable only to employees who are at least 40 years old. However, there are certain exceptions in the implementation of this act. The exception is that the employers are permitted to provide lesser benefits to senior employees given that these employees are receiving other benefits, which can bridge the difference.
State laws are pertinent to companies with less than 20 employees. Hence, most employers will have to abide by their state law even if they are exempted by federal law.
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