THE LAW. Under the federal Age Discrimination in Employment Act (ADEA), employers with 20 or more employees cannot engage in personnel practices that discriminate against workers or applicants who are age 40 and older. That includes hiring, firing, promotions, compensation, benefits, job assignments and training. You also can't retaliate against a worker for filing an age-discrimination claim or even just speaking out against your allegedly age-biased practices.
Contrary to popular belief, employees alleging age bias don't have to prove someone under age 40 replaced them, only that they were replaced by someone "substantially younger." For example, the U.S. Supreme Court gave the green light to a lawsuit brought by a 56-year-old who was replaced by a 40-year-old.
Also, check your state age-bias law. While many mirror the federal law, some apply to companies with fewer than 20 workers. Also, some states don't set a min...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Sands Casino rolls dice, loses all in NLRB ruling
- Is an employee's refusal to cooperate with an internal investigation a firing offense?
- Court upholds new NLRB rules on elections
- Set hiring criteria and then stick with it