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Age Discrimination: ADEA/OWBPA

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in Discrimination and Harassment,Employment Law,Human Resources

Under the Age Discrimination in Employment Act (ADEA) of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. (Many states have laws that apply to employers with fewer than 20 workers.)

Although age discrimination suits have traditionally been brought when a worker over 40 loses his or her job, a recent Supreme Court decision allows older workers to challenge any policy that has a disparate impact on older workers. Smith v. City of Jackson, 125 S. Ct. 1536 (2005)

In 2009, the Supreme Court ruled that employees may not bring "mixed-motive" age discrimination cases against employers. In effect, employees must prove that "but for their age" the employer would not have taken the adverse action. Gross v. FBL Financial Services, 129 S. Ct. 2343 (2009)

Workers over age 40 who are terminated have two ways to prove age discrimination under the ADEA: the d...(register to read more)

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