The following article can be found on New-Jersey-Lawyers.com and was written by Theodore Sliwinski, Esq.
AGE DISCRIMINATION
1. What is age discrimination?
Age discrimination refers to the treatment of an individual in a manner different from others based solely or primarily upon the age of that individual. Generally, when the phrase age discrimination is used, it refers to the deprivation of some right or privilege to an older person.
2. Is it legal to discriminate against a person because of his or her age?
Of course not. In most, but not all circumstances, federal or state law prohibits discrimination on the basis of age. There are differences, however, between the federal and state laws.
3. What is the status of federal law on age discriminaton?
The federal law, known as the Age Discrimination in Employment Act (ADEA), is limited to making discrimination unlawful in the employment context. The ADEA makes it unlawful for an employer to refuse to hire an individual or to discharge an individual or discriminate against a person with respect to his or her compensation or other terms and conditions of employment because of that individual’s age.
Additionally, an employer may not classify or segregate employees in any way that would deprive an individual of employment opportunities or would otherwise adversely affect a person’s status as an employee based upon that person’S age. The prohibitions of the federal statute are limited to individuals over 40 years of age, with no age maximum.
In some cases, however, age may be a Bona Fide Occupational Qualification (BFOQ) or mandatory retirement may be permissible. The statute includes additional prohibitions against discrimination on the basis of age by employment agencies and labor organizations. The federal statute is further limited because it applies only to employers who engage in interstate commerce and who employ at least 20 persons. There are various other exceptions to the protection provided by the ADEA….
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