The Age Discrimination in Employment Act of 1967

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Unless you are a lawyer or have experience with looking up and interpreting the technical language of the law, navigating the legalities around workplace harassment can be overwhelming. That said, it doesn’t mean you need a lawyer or some other legal expert to make sense of a hostile work environment. The Age Discrimination in Employment Act (ADEA) discusses what constitutes unlawful age discrimination practices for employers, employment agencies, and labor organization practices.

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It is unlawful for an employer to fail or refuse to hire an individual because of their age. Similarly, it is illegal for the employer to discharge someone for the same reasons. An employer may not otherwise discriminate against anyone concerning compensation, terms, conditions, or privileges of employment due to their age.

It is also unlawful for an employer to limit, segregate, or classify employees in any way that would deprive someone of employment opportunities because of the employee’s age. The employer may not take these actions to adversely affect someone’s employment at the company due to their age. Lastly, it is illegal for an employer to reduce an employee's wage rate to comply with the laws mentioned above.

It is illegal for an employment agency to fail or refuse to refer someone for employment on account of their age. An employment agency may not discriminate against a person due to their age. Furthermore, they may not classify nor refer someone for employment based on that someone’s age.

It is illegal for a labor organization to exclude or expel someone from its membership because of that someone’s age. It is unlawful to discriminate in any way against someone based on their age. It is also unlawful to limit, segregate, or classify its membership in any way which would deprive someone of employment opportunities. It is illegal to fail or refuse to refer someone for employment to limit employment opportunities. Furthermore, it is unlawful for a labor organization to adversely affect someone’s status as an employee or applicant for employment due to their age. Lastly, it is unlawful for a labor organization to attempt to cause an employer to discriminate against someone in violation of the laws above.

Harassment becomes unlawful when someone has to endure the conduct to continue working for the company. It also becomes unlawful when the conduct is severe or pervasive enough that a reasonable person would consider the environment to be hostile, intimidating, or abusive. The more you educate yourself about federal and state laws concerning workplace harassment, the better off you are to fight the hostility.

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Companies have gotten away with this for decades. The only solution that I can see, is government imposed hiring quotas, requiring a certain percentage of workers at any company where the job is appropriate, to be people 50 and over. It's largely worked for Women and Minorities, it can work for aged people too. Another thing that would help is universal health care. That would get that burden off the backs of employers, and it would make hiring older people and full time minimum wage range people easier to swallow.

dr.detroit