Age discrimination in employment is widespread and can be difficult to prove, but under two federal laws, it’s illegal. The Age Discrimination in Employment Act of 1967 (nineteen sixty-seven) prohibits discrimination against employees or applicants based on age, condition, or privilege of employment, including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It’s also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge or participating in an investigation, proceeding, or litigation under the law. The law applies to employers with 20 (twenty) or more employees and covers labor organizations; many apprenticeship programs; and federal, state, and local governments. A prospective employer can request an applicant’s age, but the request must meet specific legal requirements. The second law is the Older Workers Benefit Protection Act, which specifically prohibits employers from denying benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers. Older applicants are encouraged to anticipate possible problems by, for example, using personal referrals before submitting a resume so that the employer will anticipate meeting an experienced professional.
