Age discrimination occurs when employees promote individuals less favorably for their age. Unfortunately, age discrimination is increasing in the American workplace.
Michigan State law and federal law prohibit age discrimination and damage the victims. The application of these laws is complex and you should consult with experienced lawyers of age discrimination law.
In Michigan, Elliott-Larsen's Civil Rights Act (ELCRA) prohibits discrimination based on age. This law, MCL 37.2202, states as follows.
Employers shall not refuse employment, recruitment, retirement or any other discrimination in respect of employment, compensation, term, condition, or employment privilege. . . age.
Federal law
The Age Discrimination Act (ADEA) in the Employment Act of 1967 protects individuals over the age of 40 from employment discrimination based on age. The protection of ADEA applies to both employees and job seekers. It is illegal to discriminate against ADEA under the terms of terms of office, condition, or employment privilege, including employment, dismissal, promotion, layoff, compensation, benefits, employment, training.
It is also illegal for employers to apply for age discrimination or retaliation against individuals who oppose employment practices that testify or participate in some way in ADEA's investigation, litigation, or litigation.
However, employees can forcibly retire based on age in certain occupations, such as law enforcement officers, firefighters, officers of high-paying companies.
ADEA application to employers with 20 or more employees including federal, state, local government, employment agencies, labor organizations.
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ADEA prohibits employment notifications or advertisements including age preferences, restrictions, or specifications. Except when the age is not clearly a valid vocational qualification (BFOQ) or reasonably necessary for the essence of business.
Inquiries before employment
Although ADEA does not specifically prohibit employers from asking for the age or date of birth of employment applicants, it is possible that elderly workers will not be able to apply for work, so these questions are strict laws It is subject to supervision. Therefore, the employer must be able to show that there is a legitimate reason for knowing the age of the work applicant.
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The 1990 Old Workers Benefit Protection Act (OWBPA) revised ADEA and specifically prohibited employers from refusing benefits for older workers. Employers can reduce their benefits based on age only if the benefit reduction costs of older workers are the same as the normal benefit costs of young workers.
Abandonment of ADEA rights
Upon the request of the employer, you may agree to abandon or waive the right or claim under ADEA. In order to be effective and legally enforceable, the waiver agreement must meet certain criteria including:
- Understand and understand by sentences
- Specifically, ADEA's rights or claims
- Do not abandon potential rights and claims that may occur in the future
- In exchange for valuable consideration
- Advice to the individual in writing to consult a lawyer before signing a waiver. And
- Individuals are provided with at least 21 days to review the contract, at least 7 days to cancel the contract after signing.
Age discrimination and substitution of elderly people
This law never prohibits employers from replacing high-wage workers with lower-performing workers based on a lower age. At the same time, this often involves replacing older workers with young workers. The wage rate is used as an excuse, but the employer trying to remove older workers is in violation of the law. In the legal action of ADEA, workers need to show that it is the age rather than wages that encouraged the dismissal of older workers.
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