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How Do Age Discrimination Laws Apply in the Hiring Process?

Under the Age Discrimination in Employment Act of 1967 [“ADEA”], employees and job applicants over the age of 40 are protected from employment decisions based upon their age. Under this law, if your age is a condition of promotion, hiring, firing, or any other employment decision, you want to consider contacting an L.A. Age Discrimination Attorney.

Hiring Process

While engaged in the hiring process of a potential employer, pay attention to illegal issues of age discrimination. Source: FreeDigitalPhotos

ADEA applies to any company that employs more than 20 individuals, as well as federal, state and local governments, and employment agencies. While this piece of legislation makes it illegal to discriminate based on age, it does allow for preferential treatment based on age. Here are a number of additional protections offered by ADEA.

  • Apprenticeship programs, such as joint labor management programs, are not allowed to discriminate based on age. The only age limitations that are legal are those with a specific exemption under ADEA or the Equal Employment Opportunity Commission.
  • When posting a job notice, it is illegal to post an age requirement unless you can prove that age is legitimately a necessary qualification.
  • Although an employer is allowed to ask for a date of birth on an application, the application may be scrutinized to ensure that it is not used as a basis for hiring decisions.
  • In 1990, the law was amended to ensure that older employees cannot be denied any benefits with the possible exception of health care, which can be reduced as long as the employer spends as much on older workers as younger.

By knowing these guidelines, you can determine whether or not you, or someone you know, has been the victim of age discrimination. If you are ready to speak with an L.A. Age Discrimination Attorney, contact us at Jackson & Associates for more information about your legal rights.

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The California employment law, trial information, mediation or other legal information presented at this site should not be construed to be legal advice, nor the formation of an attorney-client relationship. Any results set forth herein are based upon the facts of a particular case and do not represent a promise or guarantee with respect to your case.

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