Age Discrimination and Compliance (ADEA)
The current economy and the changing roles of older family members are just a couple of reasons why older Americans are re-entering or remaining in the workforce. Because of this, it’s imperative that those who are hiring have a good understanding of age discrimination. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in employment with respect to hiring, firing, layoff, promotion, transfers, compensation, benefits, job assignments and training of anyone age 40 or older.
Age discrimination includes:
-Hiring only younger workers.
-Providing younger workers with better employment terms or conditions.
-Younger workers are the only ones promoted or offered better job opportunities.
-New training intiatives exclude older workers.
-During layoffs or restructuring, younger workers are retained while older workers are not.
During the interview process, be aware of questions that are potentially discriminatory, such as:
-How old are you?
-What year did you graduate from high school?
-Are you a Social Security recipient?
Older workers will more than likely have more experience and/or education than their younger counterparts. How do you address the “overqualified” during the interview process to ensure that the person would be a good hire? Questions that are “safe” to ask may include:
“How will you be challenged in this role?” and “What are your salary expectations?”