Age Discrimination in Employment Act

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older
from employment discrimination based on age. The ADEAs 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. The ADEA permits employers to favor older workers based on age even
when doing so adversely affects a younger worker who is 40 or older. 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 includes a broad ban against age discrimination and also specifically prohibits:

Discrimination in hiring, promotions, wages, or firing/layoffs.

Statements or specifications in job notices or advertisements of age preference and limitations.
Denial of 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 full benefits to younger
workers.
Since 1978 it has prohibited mandatory retirement in most sectors, with phased elimination of mandatory
retirement for tenured workers, such as college professors, in 1993.

Mandatory retirement based on age is permitted for:

Executives over age 65 in high policy-making positions who are entitled to a pension over a minimum
yearly amount.
Pilots 60 years of age and older.

ADEA applies to employers of 20 or more employees rather than 15 or more employees, thus providing less
protection. The 20 employees can include overseas employees The ADEA protects US citizens working for US
employers operating abroad except where it would violate the laws of that country.

An age limit may be legally specified in the circumstance where age has been shown to be a "bona fide occupational
qualifications reasonably necessary to the normal operation of the particular business" (BFOQ). In practice, BFOQs
for age are limited to the obvious (hiring a young actor to play a young character in a movie) or when public safety
is at stake (for example, in the case of age limits for pilots and bus drivers).

The Age Discrimination in Employment Act does not forbid favoring the young over the old, but it does prohibit
having a discriminatory preference for the young over the old. ADEA remedies include reinstatement and back pay
for employee or damages if reinstatement is not feasible and/or employer's violation is intentional.

Defenses to ADEA claims as follows:

Employers may enforce waivers of age discrimination claims made without EEOC or court approval if the
waiver is "knowing or voluntary."
Valid arbitration agreements between employers and employees covering the dispute are subject to
compulsory arbitration and no court action can be brought.
Employers can discharge or discipline an employee for "good cause," regardless of the employee's age.
Employers can take an action based on "reasonable factors other than age."
Bona fide occupational qualifications, seniority systems, employee benefit or early retirement plans.
Voluntary early retirement incentives.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies
to employment agencies and labor organizations, as well as to the federal government. ADEA protections include:

Apprenticeship Programs
 It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship
programs, to discriminate on the basis of an individuals age. Age limitations in apprenticeship programs
are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a
specific exemption.
Job Notices and Advertisements

The ADEA generally makes it unlawful to include age preferences, limitations, or specifications in job
notices or advertisements. A job notice or advertisement may specify an age limit only in the rare
circumstances where age is shown to be a bona fide occupational qualification (BFOQ) reasonably
necessary to the normal operation of the business.

Pre-Employment Inquiries

The ADEA does not specifically prohibit an employer from asking an applicants age or date of birth.
However, because such inquiries may deter older workers from applying for employment or may otherwise
indicate possible intent to discriminate based on age, requests for age information will be closely
scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose
prohibited by the ADEA.

Benefits

The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit
employers from denying benefits to older employees. Congress recognized that the cost of providing
certain benefits to older workers is greater than the cost of providing those same benefits to younger
workers, and that those greater costs would create a disincentive to hire older workers. Therefore, in limited
circumstances, an employer may be permitted to reduce benefits based on age, as long as the cost of
providing the reduced benefits to older workers is the same as the cost of providing benefits to younger
workers.

Employers are permitted to coordinate retiree health benefit plans with eligibility for Medicare or a
comparable state-sponsored health benefit.

Waivers of ADEA Rights

An employer may ask an employee to waive his/her rights or claims under the ADEA either in the
settlement of an ADEA administrative or court claim or in connection with an exit incentive program or
other employment termination program. However, the ADEA, as amended by OWBPA, sets out specific
minimum standards that must be met in order for a waiver to be considered knowing and voluntary and,
therefore, valid. Among other requirements, a valid ADEA waiver must:

be in writing and be understandable;

specifically refer to ADEA rights or claims;

not waive rights or claims that may arise in the future;
be in exchange for valuable consideration;
advise the individual in writing to consult an attorney before signing the waiver; and
provide the individual at least 21 days to consider the agreement and at least seven days to revoke
the agreement after signing it.

If an employer requests an ADEA waiver in connection with an exit incentive program or other employment
termination program, the minimum requirements for a valid waiver are more extensive.
 Americans with Disabilities Act
Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments,
employment agencies and labor unions from discriminating against qualified individuals with disabilities in job
application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and
privileges of employment. The ADA covers employers with 15 or more employees, including state and local
governments. It also applies to employment agencies and to labor organizations. The ADAs nondiscrimination
standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its
implementing rules.

An individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities;

Has a record of such an impairment; or

Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation,
can perform the essential functions of the job in question. Reasonable accommodation may include, but is not
limited to:

Making existing facilities used by employees readily accessible to and usable by persons with disabilities.

Job restructuring, modifying work schedules, reassignment to a vacant position;

Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or
policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or
employee if it would not impose an undue hardship on the operation of the employers business. Reasonable
accommodations are adjustments or modifications provided by an employer to enable people with disabilities to
enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant
or employee. Not all people with disabilities (or even all people with the same disability) will require the same
accommodation. For example:

A deaf applicant may need a sign language interpreter during the job interview.

An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and
monitor blood sugar and insulin levels.
A blind employee may need someone to read information posted on a bulletin board.
An employee with cancer may need leave to have radiation or chemotherapy treatments.

An employer does not have to provide a reasonable accommodation if it imposes an undue hardship. Undue
hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such
as an employers size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an
employer obligated to provide personal use items such as glasses or hearing aids.

An employer generally does not have to provide a reasonable accommodation unless an individual with a disability
has asked for one. if an employer believes that a medical condition is causing a performance or conduct problem, it
may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a
reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and
identify the appropriate reasonable accommodation. Where more than one accommodation would work, the
employer may choose the one that is less costly or that is easier to provide.
Title I of the ADA also covers:

Medical Examinations and Inquiries

Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants
may be asked about their ability to perform specific job functions. A job offer may be conditioned on the
results of a medical examination, but only if the examination is required for all entering employees in
similar jobs. Medical examinations of employees must be job related and consistent with the employers
business needs.

Medical records are confidential. The basic rule is that with limited exceptions, employers must keep
confidential any medical information they learn about an applicant or employee. Information can be
confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a
health care professional. For example, an employees request for a reasonable accommodation would be
considered medical information subject to the ADAs confidentiality requirements.

Drug and Alcohol Abuse

Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when
an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADAs restrictions on
medical examinations. Employers may hold illegal drug users and alcoholics to the same performance
standards as other employees.

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

Federal Tax Incentives to Encourage the Employment of People with Disabilities and to Promote the Accessibility of
Public Accommodations

The Internal Revenue Code includes several provisions aimed at making businesses more accessible to people with
disabilities. The following provides general non-legal information about three of the most significant tax
incentives. (Employers should check with their accountants or tax advisors to determine eligibility for these
incentives or visit the Internal Revenue Service's website, www.irs.gov, for more information. Similar state and local
tax incentives may be available.)

Small Business Tax Credit

Small businesses with either $1,000,000 or less in revenue or 30 or fewer full-time employees may take a
tax credit of up to $5,000 annually for the cost of providing reasonable accommodations such as sign
language interpreters, readers, materials in alternative format (such as Braille or large print), the purchase
of adaptive equipment, the modification of existing equipment, or the removal of architectural barriers.
Work Opportunity Tax Credit
Employers who hire certain targeted low-income groups, including individuals referred from vocational
rehabilitation agencies and individuals receiving Supplemental Security Income (SSI) may be eligible for
an annual tax credit of up to $2,400 for each qualifying employee who works at least 400 hours during the
tax year. Additionally, a maximum credit of $1,200 may be available for each qualifying summer youth
employee.
Architectural/Transportation Tax Deduction
This annual deduction of up to $15,000 is available to businesses of any size for the costs of removing
barriers for people with disabilities, including the following: providing accessible parking spaces, ramps,
and curb cuts; providing wheelchair-accessible telephones, water fountains, and restrooms; making
walkways at least 48 inches wide; and making entrances accessible.

Consolidated Omnibus Budget Reconciliation Act

The law the Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers who lose their health
benefits the right to choose to continue group health benefits provided by the plan under certain circumstances.

COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior
year offer employees and their families the opportunity for a temporary extension of health coverage (called
continuation coverage) in certain instances where coverage under the plan would otherwise end.

The law generally covers group health plans maintained by employers with 20 or more employees in the prior year.
It applies to plans in the private sector and those sponsored by state and local governments. Provisions of COBRA
covering state and local government plans are administered by the Department of Health and Human Services.

Several events that can cause workers and their family members to lose group health coverage may result in the right
to COBRA coverage. These include:

Voluntary or involuntary termination of the covered employees employment for reasons other than gross
misconduct
Reduced hours of work for the covered employee
Covered employee becoming entitled to Medicare
Divorce or legal separation of a covered employee
Death of a covered employee
Loss of status as a dependent child under plan rules

Under COBRA, the employee or family member may qualify to keep their group health plan benefits for a set period
of time, depending on the reason for losing the health coverage. The following represents some basic information on
periods of continuation coverage:

Qualified Beneficiary Qualifying Event Period of Coverage

Employee Termination 18 months (This 18-month period may be

Spouse Reduced hours extended for all qualified beneficiaries if
Dependent child certain conditions are met in cases where a
qualified beneficiary is determined to be
disabled for purposes of COBRA.)
Spouse Entitled to Medicare 36 months
Dependent child Divorce or legal separation
Death of covered employee
Dependent child Loss of dependent child status 36 months

However, COBRA also provides that your continuation coverage may be cut short in certain cases.

Notification Requirements

An initial notice must be furnished to covered employees and spouses, at the time coverage under the plan
commences, informing them of their rights under COBRA and describing provisions of the law. COBRA
information also is required to be contained in the plans summary plan description (SPD)
When the plan administrator is notified that a qualifying event has happened, it must in turn notify each
qualified beneficiary of the right to choose continuation coverage
COBRA allows at least 60 days from the date the election notice is provided to inform the plan
administrator that the qualified beneficiary wants to elect continuation coverage
Under COBRA, the covered employee or a family member has the responsibility to inform the plan
administrator of a divorce, legal separation, disability or a child losing dependent status under the plan
 Employers have a responsibility to notify the plan administrator of the employees death, termination of
employment or reduction in hours, or Medicare entitlement
If covered individuals change their martial status, or their spouses have changed addresses, they should
notify the plan administrator

Premium Payments

Qualified individuals may be required to pay the entire premium for coverage up to 102% of the cost to the
plan. Premiums may be higher for persons exercising the disability provisions of COBRA. Failure to make
timely payments may result in loss of coverage
Premiums may be increased by the plan; however, premiums generally must be set in advance of each 12-
month premium cycle
Individuals subject to COBRA coverage may be responsible for paying all costs related to deductibles, and
may be subject to catastrophic and other benefit limits

This fact sheet has been developed by the U.S. Department of Labor, Employee Benefits Security Administration,
Washington, DC 20210. It will be made available in alternate formats upon request: Voice phone: 202.693.8664;
Text telephone: 202.501.3911. In addition, the information in this fact sheet constitutes a small entity compliance
guide for purposes of the Small Business Regulatory Enforcement Fairness Act of 1996.

Employee Retirement Income Security Act

Protects the retirement assets of Americans by implementing rules that qualified plans must follow to ensure that
plan fiduciaries do not misuse plan assets.

ERISA also:

1. Requires plans to provide participants with important information about plan features and funding. The plan must
furnish some information regularly and automatically. Some of this information is available free of charge.

2. Sets minimum standards for participation, vesting, benefit accrual and funding. The law defines how long a
person may be required to work before becoming eligible to participate in a plan, to accumulate benefits and to have
a non-forfeitable right to those benefits. The law also establishes detailed funding rules that require plan sponsors to
provide adequate funding for the plan.

3. Requires accountability of plan fiduciaries. ERISA generally defines a fiduciary as anyone who exercises
discretionary authority or control over a plan's management or assets, including anyone who provides investment
advice to the plan. Fiduciaries who do not follow the principles of conduct may be held responsible for restoring
losses to the plan.

4. Gives participants the right to sue for benefits and breaches of fiduciary duty.

5. Guarantees payment of certain benefits if a defined plan is terminated through a federally chartered corporation,
known as the Pension Benefit Guaranty Corporation.

6. Protects the plan from mismanagement and misuse of assets through its fiduciary provisions.

This act was enacted to address irregularities in the administration of certain large pension plans - particularly the
Teamsters Pension Fund, which had a rather colorful history involving questionable loans to certain Las Vegas
casinos.

Equal Employment Opportunity Act

EEOC, is a United States federal agency tasked with ending employment discrimination in the United States. Signed
into law by President John F. Kennedy by Executive Order 10925, it can bring suit on behalf of alleged victims of
discrimination against private employers. It also serves as an adjudicatory for claims of discrimination brought
against federal mandate is specified under Title VII of the Civil Rights Act of 1964[1], the Equal Pay Act[2], the Age
Discrimination in Employment Act (ADEA)[3], the Rehabilitation Act of 1973 and the Americans with Disabilities
Act[4] of the Commission is Naomi C. Earp, who was designated by President George W. Bush on August 29, 2006.
Earp had previously served as Vice Chair of the commission since April 2003. Her five-year term as Chair is set to
expire on July 1, 2010. In 27, 2006, President Bush announced his nomination of Ronald S. Cooper for the position
of General Counsel.

Employers Holding Federal Contracts or Subcontracts

Applicants to and employees of companies with a Federal government contract or subcontract are protected under
the following Federal authorities:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN

Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national
origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

INDIVIDUALS WITH DISABILITIES

Section 503 of the Rehabilitation Act of 1973, as amended, prohibits job discrimination because of disability and
requires affirmative action to employ and advance in employment qualified individuals with disabilities who, with
reasonable accommodation, can perform the essential functions of a job.

VIETNAM ERA, SPECIAL DISABLED, RECENTLY SEPARATED, AND OTHER PROTECTED

VETERANS
The Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, 38 U.S.C., 4212, prohibits job
discrimination and requires affirmative action to employ and advance in employment qualified Vietnam era
veterans, qualified special disabled veterans, recently separated veterans, and other protected veterans. A recently
separated veteran is any veteran during the three-year period beginning on the date of such veteran's discharge or
release from active duty in the U.S. military, ground, naval or air service.

RETALIATION
Retaliation is prohibited against a person who files a charge of discrimination, participates in an OFCCP proceeding,
or otherwise opposes discrimination under these Federal laws. Any person who believes a contractor has violated its
nondiscrimination or affirmative action obligations under the authorities above should contact immediately:
The Office of Federal Contract Compliance Programs (OFCCP), Employment Standards Administration, U.S.
Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210, (202) 693-0101 or call an OFCCP
regional or district office listed in most telephone directories under U.S. Government, Department of Labor. For
individuals with hearing impairment, OFCCPs TTY number is (202) 693-1337.

Private Employment, State and Local Governments, Educational Institutions, Employment Agencies and
Labor Organizations
Applicants to and employees of most private employers, state and local governments, educational institutions,
employment agencies and labor organizations are protected under the following Federal laws:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN

Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in hiring, promotion, discharge, pay,
fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color,
religion, sex (including pregnancy and sexual harassment) or national origin. Religious discrimination includes
failing to reasonably accommodate an employees religious practices where the accommodation does not impose
undue hardship.

DISABILITY
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), as amended, protect qualified applicants
and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe
benefits, classification, referral, and other aspects of employment on the basis of disability. The law also requires
that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations,
unless such accommodations would impose an undue hardship on the employer.
AGE
The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of
age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions
or privileges of employment.

SEX (WAGES)
In addition to sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay
Act of 1963, as amended, prohibits sex discrimination in payment of wages to women and men performing
substantially equal work, in jobs that require equal skill, effort and responsibility under similar working conditions,
in the same establishment.

RETALIATION
Retaliation is prohibited against a person who files a charge of discrimination, participates in a discrimination
proceeding, or otherwise opposes discrimination under these Federal laws. If you believe that you have been
discriminated against under any of the above laws, and to ensure that you meet strict procedural timelines to
preserve the ability of EEOC to investigate your complaint and to protect your right to file a private lawsuit, you
should immediately contact: The U.S. Equal Employment Opportunity Commission (EEOC), Washington, DC
20507 or an EEOC field office by calling toll free (1-800) 669-4000. For individuals with hearing impairments,
EEOCs toll free TTY number is 1-800 669-6820.

Programs or Activities Receiving Federal Financial Assistance

RACE, COLOR, SEX, NATIONAL ORIGIN

In addition to the protection of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act
prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal
financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial
assistance is provision of employment, or where employment discrimination causes or may cause discrimination in
providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment
discrimination on the basis of sex in educational programs or activities which receive Federal assistance.

INDIVIDUALS WITH DISABILITIES

Section, 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of
disability in any program or activity which receives Federal financial assistance in the federal government, public or
private agency.
Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without
reasonable accommodation, can perform the essential functions of a job. If you believe you have been discriminated
against in a program of any institution which receives Federal assistance, you should contact immediately the
Federal agency providing such assistance.