An Age Discrimination Action Happens When An Employee Or Job Applicant Receives Less Favorable Or Unfair Treatment?

An Age Discrimination Action Happens When An Employee Or Job Applicant Receives Less Favorable Or Unfair Treatment?

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An age discrimination action happens when an employee or job applicant receives less favorable or unfair treatment because of how old they are. Both state and federal Age Discrimination in Employment Act prohibit employers from discriminating against protected employees or prospects because of how old they are. Workers 40 and older are protected by the act. The ADEA applies to organizations with 20 plus employees, including labor organizations, employment agencies, state and local governments, and the federal government.
Employer refrain from discriminating due to the age of a person when making employment decisions about hiring, firing, promotions, layoffs, compensation, benefits, job assignments, and training. Those individuals covered by the act also receive protection from harassment based on how old they are when behavior is frequent and severe enough to create a hostile or offensive work environment or results in an adverse employment decision against the protected person. A lot of states have laws prohibiting age discrimination. While some offer the same protection as federal law, other states provide even greater protection to workers under age 40 or apply to employers with fewer than 20 employees (EEOC).
Issue of Both Articles
The Equal Employment Opportunity Commission (EEOC) filed a lawsuit in U.S. District Court for the District of Massachusetts against a chain of restaurants claiming that they had re-occurring issues in age discrimination. Texas Roadhouse was one of the chains that were included in the lawsuit. There were allegations made by the EEOC in support of its suit against Texas Roadhouse. In the lawsuit, the EEOC alleges that the restaurant hired less “hostess” employees who were aged 40 years of age plus (...


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... “policy making appointees” are excluded from the ADEA. The Age Discrimination in Employment Act carves out a compulsory retirement exception for “bona fide executives” or “high policymakers” – i.e., an employer may impose compulsory retirement on any employee age 65 or older who is either a bona fide executive or high policymaker and who is entitled to receive a nonforfeitable annual retirement benefit of at least $44,000 (BLR, 2013)
The EEOC has focused much of its recent efforts on combating age discrimination. There has been an increasing number of discrimination charges filed with the EEOC over the years. This lawsuit is another means of the EEOC increasing awareness regarding the illegality of age discrimination. The EEOC maintains that not only is age discrimination illegal, but it can also have a devastating effect on those older workers and their families.

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