Friday, September 10, 2010
Job Discrimination Over 40. What Is the Congressional Accountability Act?
Have you been discriminated against during the job seeking process? Then this article should enlighten you.
It is worth noting that there are congressional laws and organizations charged with compliance. Hopefully your job search does not lead you down this path. But?
"Section 201 of the Congressional Accountability Act (CAA) provides that all personnel actions affecting covered employees 40 years old or older shall be free from discrimination based on age. The CAA only protects individuals who are at least 40 years old against discrimination. Individuals younger than 40 are not protected."
The law generally forbids the use of age as a motivating factor in personnel actions, such as hiring, discharge, promotion, pay, or benefits. A covered employee over 40 may also assert that he or she is harassed because of age if certain conduct creates a hostile work environment or interferes with an individual's work performance.
There is no single test for determining whether age was a motivating factor in an alleged discriminatory action, but instead, proving motivation will depend on the facts of the individual case. For example, placing a phrase like "age 25-50" or "young" or "college student" in a help-wanted notice or advertisement may be evidence of discriminatory motive. Furthermore, a covered employee must prove that he or she was treated differently from others in similar circumstances and that age was a motivating factor in that treatment.
There are several exceptions to the general prohibition on age discrimination. The employing office must prove that the conditions for a particular exception have been met.
Your Rights Under the Congressional Accountability Act Age Discrimination Section 201 of the Congressional Accountability Act (CAA) provides that all personnel actions affecting covered employees shall be free from age discrimination for those forty years old or older. This includes hiring, discharge, promotion, pay, benefits, reassignment, and other personnel actions affecting the terms and conditions of employment. Key Provisions Under the Law # The CAA only protects individuals who are at least forty years old against discrimination; individuals younger than forty are not protected. # Harassment because of age is also prohibited – insults, jokes, slurs, or other conduct relating to age may be unlawful if they create a hostile work environment or interfere with an individual's work performance. # Proving motivation depends on the facts of a particular case. A covered employee must prove that he or she was treated differently from others in similar circumstances, and that age was a motivating factor in that treatment. # Bona fide seniority or merit systems may be used so long as they are not instituted to discriminate on the basis of age.
Frequently Asked Questions About Age Discrimination
Q. What actions by an employing office are unlawful when taken against an employee aged 40 or older? A. An employing office is prohibited from discriminating because of age against an employee aged 40 or older by failing or refusing to hire, discharging, or otherwise discriminating against any individual with respect to his or her compensation, terms, conditions, or privileges of employment. Limiting, segregating, or classifying an employee in any way that would deprive or tend to deprive any individual of an employment opportunity because of the employee's age is also prohibited.
Q. How does an employee establish a claim of age discrimination? A. By demonstrating that an adverse action taken by an employing office was actually motivated by age. For example, an employee may have direct evidence of discrimination, or discrimination may be inferred when: (a) the employee is within the protected age group (aged 40 or older); (b)the employee was doing satisfactory work; (c) the employee was discharged despite the adequacy of his or her work; and (d) the position was filled by a younger employee.
Q. What remedies does an employee aged 40 or older have if an employing office discriminated against that employee based on the employee's age? A. An employee may have a right to be hired, reinstated, or promoted. In addition, an employee may be entitled to unpaid wages or overtime compensation and liquidated damages."
More info on the Article from The Office of Compliance:
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