Age Discrimination in Employment Act of 1967

Age Discrimination in Employment Act of 1967 is a federal law that prohibits age discrimination in the workplace, protecting employees and job applicants who are at least 40 years old from being discriminated against by employers such as IBM, Microsoft, and Google. The law was signed by President Lyndon B. Johnson on December 15, 1967, and has been amended several times, including by the Omnibus Budget Reconciliation Act of 1986 and the Civil Rights Act of 1991. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the law, which applies to private sector employers with 20 or more employees, including Walmart, McDonald's, and Target Corporation. The law also applies to state and local governments, such as the New York City Police Department and the Los Angeles County Sheriff's Department.

Introduction

The Age Discrimination in Employment Act of 1967 was enacted to address the growing concern about ageism in the workplace, which was highlighted by Robert N. Butler, a pulitzer prize winner, and AARP, a non-profit organization that advocates for the rights of older Americans. The law was influenced by the Civil Rights Act of 1964, which prohibited discrimination based on race, color, religion, sex, and national origin. The Age Discrimination in Employment Act of 1967 has been used by plaintiffs such as Jack Gross, who sued FBL Financial Services for age discrimination, and has been interpreted by courts such as the Supreme Court of the United States in cases like Gross v. FBL Financial Services and Smith v. City of Jackson. The law has also been supported by organizations such as the National Council on Aging and the American Bar Association.

Legislative History

The Age Discrimination in Employment Act of 1967 was introduced in Congress by Senator Jennings Randolph and Representative Herman Badillo, and was passed with bipartisan support, including from Senator Ted Kennedy and Representative John Conyers. The law was signed by President Lyndon B. Johnson on December 15, 1967, and went into effect on June 12, 1968. The law has been amended several times, including by the Age Discrimination in Employment Act Amendments of 1978 and the Older Workers Benefit Protection Act of 1990. The law has also been influenced by international agreements such as the United Nations' Universal Declaration of Human Rights and the International Labour Organization's Convention Concerning Discrimination in Respect of Employment and Occupation.

Provisions and Coverage

The Age Discrimination in Employment Act of 1967 prohibits employers from discriminating against employees and job applicants who are at least 40 years old, including applicants to Harvard University and Stanford University. The law applies to private sector employers with 20 or more employees, including General Motors, Ford Motor Company, and Chrysler. The law also applies to state and local governments, such as the New York State Government and the California State Government. The law prohibits discrimination in all aspects of employment, including hiring, firing, promotion, and compensation, and has been used by employees such as Linda Tripp, who sued the Clinton Administration for age discrimination. The law also prohibits retaliation against employees who oppose age discrimination or participate in investigations or proceedings under the law, such as whistleblowers who report age discrimination to the EEOC or the National Labor Relations Board.

Enforcement and Remedies

The Age Discrimination in Employment Act of 1967 is enforced by the Equal Employment Opportunity Commission (EEOC), which is responsible for investigating complaints of age discrimination and bringing lawsuits against employers who violate the law, including class action lawsuits against companies such as Merrill Lynch and Bank of America. The law also provides remedies for employees who are victims of age discrimination, including back pay, front pay, and liquidated damages, which have been awarded in cases such as Hazen Paper Co. v. Biggins and O'Connor v. Consolidated Coin Caterers Corp.. The law also provides for injunctive relief, which can include orders to rehire or promote employees who were victims of age discrimination, such as in the case of McDonnell Douglas Corp. v. Green. The law has been used by employees such as Ann Hopkins, who sued Price Waterhouse for sex discrimination and age discrimination.

Impact and Amendments

The Age Discrimination in Employment Act of 1967 has had a significant impact on the workplace, protecting millions of employees and job applicants from age discrimination and promoting age diversity in the workplace, which has been supported by organizations such as the AARP and the National Council on Aging. The law has been amended several times, including by the Age Discrimination in Employment Act Amendments of 1986 and the Older Workers Benefit Protection Act of 1990. The law has also been influenced by court decisions such as Gross v. FBL Financial Services and Smith v. City of Jackson, which have interpreted the law and provided guidance for employers and employees. The law continues to be an important protection for older workers, who are increasingly remaining in the workforce, including workers at companies such as Google, Microsoft, and IBM. The law has also been recognized by international organizations such as the United Nations and the International Labour Organization as a model for protecting older workers from age discrimination. Category:United States employment law