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Monday, January 30, 2017

Age Discrimination Act Of 1967: How Does It Affect Age Bias?

Age Bias is a real life issue that effects so many older workers. The "Age Discrimination In Employment Act Of 1967" ( ADA1967) is constantly referenced in articles and discussions. So I thought it was time for those who are interested in some light reading to have a chance to read why Congress passed "Age Discrimination In Employment Act Of 1967". Then we can begin to understand its implications on our daily lives. We look forward to your comments.(Editor's Note)
The Age Discrimination in Employment Act of 1967.

Is Age Discrimination Keeping You From Getting Hired? 

EDITOR’S NOTE: The following is the text of the Age Discrimination in Employment Act of 1967 (Pub. L. 90-202) (ADEA), as amended, as it appears in volume 29 of the United States Code, beginning at section 621. The ADEA prohibits employment discrimination against persons 40 years of age or older. The Older Workers Benefit Protection Act (Pub. L. 101-433) amended several sections of the ADEA. In addition, section 115 of the Civil Rights Act of 1991 (P.L. 102-166) amended section 7(e) of the ADEA (29 U. S.C. 626(e)). Cross references to the ADEA as enacted appear in italics following each section heading. Editor’s notes also appear in italics.

To prohibit age discrimination in employment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the “Age Discrimination in Employment Act of 1967.”

* * *

SEC. 621. [Section 2]

(a) The Congress hereby finds and declares that-

(1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs;

(2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons;

(3) the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave;

(4) the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce.

(b) It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment.

SEC. 622. [Section 3]

(a) The EEOC [originally, the Secretary of Labor] shall undertake studies and provide information to labor unions, management, and the general public concerning the needs and abilities of older workers, and their potentials for continued employment and contribution to the economy. In order to achieve the purposes of this chapter, the EEOC [originally, the Secretary of Labor] shall carry on a continuing program of education and information, under which he may, among other measures-

(1) undertake research, and promote research, with a view to reducing barriers to the employment of older persons, and the promotion of measures for utilizing their skills;

(2) publish and otherwise make available to employers, professional societies, the various media of communication, and other interested persons the findings of studies and other materials for the promotion of employment;

(3) foster through the public employment service system and through cooperative effort the development of facilities of public and private agencies for expanding the opportunities and potentials of older persons;

(4) sponsor and assist State and community informational and educational programs.

(b) Not later than six months after the effective date of this chapter, the Secretary shall recommend to the Congress any measures he may deem desirable to change the lower or upper age limits set forth in section 631 of this title [section 12].

SEC. 623. [Section 4]

(a) Employer practices

It shall be unlawful for an employer-

(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or

(3) to reduce the wage rate of any employee in order to comply with this chapter.

(b) It shall be unlawful for an employment agency to fail or refuse to refer for employment, or other­wise to discriminate against, any individual because of such individual’s age, or to classify or refer for employment any individual on the basis of such individual’s age.

(c) Labor organization practices

It shall be unlawful for a labor organization-

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his age;

(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employ­ment any individual, in any way which would deprive or tend to deprive any individual of employ­ment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s age;

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section..http://www.eeoc.gov/laws/statutes/adea.cfm

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  1. I find that online applications are age discriminatory. When they ask "did you ever...?" they directly affect more older people because we have more experiences than younger people. If they also ask "do you now...?" that should take care of it, but it often does not. An older person is automatically disqualified based on the first question.

  2. When employers have no hesitation when they do post a job, Unemployed or not currently employed need not apply. If they are this blatant in their ads, the law is certainly not enforced if not mocked.

  3. Feds and EEOC are certianly NOT enforcing this act. They give TOO MUCH priority to non-white minority and female discrimination in the workplace.

    1. It's because it is too prevalent to ignore. Older women are more discriminated against and I am sure that older non-white women are most of all. If you add in sexual harassment numbers, its even worse.

  4. With both mature and young professionals it happens. I personally happen to have a skill set that usually takes upwards of 20 years to accomplish and have been limited because I'm not in my late 40's or early 50's.

    Just because it's a law doesn't mean that it's inforced.

  5. Age discrimination in employment and by employers, in-house HR departments and employment agencies towards applicants for employment is very widespread and it is difficult for individuals to prove it or take action that does not damage them further. The Authorities should police the employment environment and test employers and agencies for compliance. A few big name prosecutions would go far towards ending this disgraceful waste of lives and careers.

  6. I have to agree with Anonymous 10:55 pm. I had heard so much about there being an age discrimination act but had never read it for myself until I found myself in the waiting area of an employment office. One of the provisions is that you cannot be discriminated from being hired (or fired, for that matter) because of age. So if this is true, how come so many people in my job networking groups are over 40? How come so many of them report not getting the job after the interview, or worse, not getting the job at all? How do hiring managers get away with committing this blatant discrimination if, in the back of their mind, a person willing enough could sue? To SS's comment about there being more attention paid to minority and female discrimination, maybe that's partially true, but in reality, because of the supply of potential applicants, people feel freer to discriminate against anybody they feel like discriminating against. It's not that it's not being enforced, it just that it's not being utilized.

  7. Is age discrimination alive and well? You bet! I filled out one online application with one of the largest companies in the US. The position required a minimum of a 4-year college degree. Yet, rather that directly ask my age, one of the application questions asked what year I graduated from high school. Really? Take the graduation date + 17 or 18 years = the age of the applicant. Could it be more obvious?

  8. First of all we need to have EEOC mandate these on line job applications, regardless, if it's coming from an employer, or a recruiter, from making it mandatory to provide birth dates and social security numbers. SS numbers should only be given to an potential employee after they have been offer a position. If these hiring companies, are "in compliance" with the Age discrimination act, then it should really not matter to them how old you are.

  9. Fact is, our culture doesn't value older people. It hasn't for a long time but the sour attitudes and discrimination are increasing.

    Even if you lop earlier jobs off your resume, it's impossible to disguise the fact that you're been around the block. Job applications make it even tougher to hide years of experience.

    But to prove discrimination in hiring practices? Ha!

  10. Age discrimination is alive and thriving in the workplace. I applied for 4 positions at my fortune 500 company when I was in my mid 50's and they were all given to 30 something females. They could pay them $40,000 less because they had no tenure and I had over 20 years. I filed charges with the companies HR dept. for age, gender and pay discrimination to no avail (after all it was the companies HR). They kept moving my teritory to areas where we had lost major accounts and I could never bonus. They made my life miserable especially when I led every sales category and won all the sales contests. I left at 59 even though I wanted to work until 62 because they made every day miserable for me!!!! I consulted with many lawyers but they didn't want to take a case against the most recognizable trademark in the WORLD!

  11. I believe that with the affordable healtcare act (Obamacare) in place this going to become even more prevalent and is even less enforceable.

    There are no provisions in the AHA to restrict healthcare insurance providers from charging higher healthcare premiums based on the average age of the employer's workforce.

  12. The reason you never hear about any age discrimination cases is because they are nearly impossible to prove. Unless they blatantly tell you that you are too old, you will be hard pressed to prove your case.

  13. It seems even if you happen to find part-time employment, there is a sense that younger workers are mocking you, by calling you old man, etc. The ADEA Act is totally unenforced.


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