Saturday, September 7, 2019
Consequences Of Noncompliance With The AEDA Lessons To Be Learned Essay
Consequences Of Noncompliance With The AEDA Lessons To Be Learned - Essay Example That is why Congress first passed in 1967 what has come to be known as The Age Discrimination in Employment Act of 1967, with subsequent amendments and ruling which would follow as the years passed. According to the online page for The U.S. Equal Employment Opportunity Commission, it has this to say about the congressional act, "The Age Discrimination in Employment Act of 1967 (ADEA) 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/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training," (Equal Employment #1). In understanding this law, it is crucial to understand the facts behind it. According to this group, this act covers employers who have 20 or more employees, and also happens to cover both state and local governments. The group goes on to say that the protections for such persons under the act are as such: "It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption." Job Notices and Advertisements "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." Pre-Employment Inquiries "The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure
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