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Plaintiffs and the EEOC Pushing Back on Age Discrimination

(Source: Chubb Insurance Group)

With the recession causing some employees to postpone retirement and some retired individuals returning to the workforce on a full or part-time basis, employers are apt to see an increased number of age discrimination claims. Three recent lawsuits highlight this risk.

A 65-year-old woman who had worked for an employer in the communications industry for 18 years sued her former employer for age discrimination following her termination. She claimed that she was fired after she complained of age discrimination in the workplace, and a jury awarded her $340,000. Adriana M. Chavez, "Woman wins suit on age discrimination," www.elpasotimes.com (July 17, 2009).

The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against an employer in the tourist industry on behalf of a 75-year-old woman. The suit charges that the employer fired the woman after only two days on the job and replaced her with an 18-year-old with less experience. "Red Rock Western Jeep Tours Sued for Age Bias," www.eeoc.gov (Sept. 3, 2009).

In another lawsuit, the EEOC claims that a recycling company refused to hire a 75-year-old man because of his age. The employer allegedly told the applicant that it was looking for someone "younger." The EEOC states the employer ultimately hired someone "substantially younger" and less qualified to fill the position.

Commentary and Checklist

The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with 20 or more employees.

The EEOC has expressed its determination to enforce the ADEA and held a public hearing in July 2009 on the disparate effect layoffs are having on older workers. To read our earlier article on this hearing, log on and click "Age Discrimination New Focus of the EEOC."

The EEOC Web site points out five areas to examine closely for age discrimination in addition to layoffs:

  • Apprenticeship Programs
  • Job Notices and Advertisements
  • Pre-Employment Inquiries
  • Benefits
  • Waiver of ADEA Rights

This informational piece is part of "The Loss Prevention Journal" published on September 29, 2009.