Questions Related to ADEA Laws

Q. Consider a situation where older employees are being targeted and are being terminated. What rights does one have under ADEA if one is notified of termination before reaching the age of 40, but will become 40 by the date of termination?
At the time of notification of termination, an employee should be at least be 40 years of age for the issue to be reviewed under ADEA. The salary of an employee who is over the age of 40 is generally higher than an employee who is younger. Court may consider this as a valid business reason for termination of employment. However, if one is able to prove that the company is discriminating against employees approaching 40 years of age then the EEOC would investigate it before referring it to the court.

Q. If an employee who worked for one year got one month’s pay as severance pay while another employee who worked for 10 years is being offered only two month’s pay. Does this qualify as discrimination as per the ADEA act?
As per law, companies are not required to make any severance payments. However, if there is an organizational policy on the amount of severance pay, then the organization would be required to abide by it. With the anti-discrimination laws in place; companies generally do not risk discriminating against protected groups.
One should contact the organization to ascertain the reason for the variation in the severance pay. There may be reasons which are non-discriminatory in nature such as the position held by the employee or the financial condition of the organization when the severance payment was made initially. This may help one to bargain a better severance payment. However, the final decision lies with the organization.

Q. To file a claim under ADEA, is it required that the age difference be huge?
Age and not the difference in age is a deciding factor in cases under ADEA. This was illustrated by the U.S. Supreme Court case of Gross vs. FBL Financial Services 2009. The onus is on the plaintiff to prove that age was considered as a discriminating factor which had a negative impact on one’s employment. The company need not provide any proof though the plaintiff was able to provide some evidence that the company discriminated based on age. The decision of the Supreme Court is binding throughout the country. As per this decision, there will no longer be a “historically disadvantaged” age classification applied to ADEA cases.

Q. In the event of discrimination due to sex, race and age, what procedures need to be followed to file a complaint under ADEA?
There will be variations in rules that are followed to file a federal complaint in a local federal district court. It has to be proved that one was discriminated on the basis of age, race, or sex and not on the basis of a valid business reason. Details of the discrimination meted out needs to be provided for a case to be filed and a jury trial needs to be requested. One may need to go to the EOCC with a complaint and obtain a right-to-sue letter if one wishes to file a Title VII complaint. However, this must be accomplished within 180 days as the statute of limitations is 180 days.

Q. Consider a situation where a 43-year-old African American feels that the severance pay he\she will receive should be more than what employees less than 40 years of age receive. Is he\she entitled for protection under the ADEA?
In the absence of a written contract, the employer may handle the severance pay for different employees differently unless it can be proven to be a case of workplace discrimination. Discriminating based on age, race, sex, national origin, disability, etc. may fall under the category of illegal discrimination. A claim may be filed with the EOCC in the event that there is a discrimination made based on any of the aforementioned categories.

Employees who are 40 years or older in age may be protected under the ADEA unless the discrimination is because of certain business decisions. Individuals may ask an employment lawyer if they want more information about the same.

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