age discrimination

Age discrimination in the United States - Wikipedia

LONG:
The Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. § 621 to 29 U.S.C. § 634) is a federal law that provides certain employment protections to workers who are over the age of forty, who work for an employer who has twenty or more employees. For protected workers, the ADEA prohibits discrimination at all levels of employment, from recruitment and hiring, through the employment relationship, and through decisions for layoffs or termination of the employment relationship.[6][3] An age limit may only be legally specified for protected workers in the circumstance where age has been shown to be a "bona fide occupational qualification [BFOQ] reasonably necessary to the normal operation of the particular business" (see 29 U.S.C. § 623(f)(1)). In practice, BFOQs for age are limited to the obvious (hiring a young actor to play a young character in a movie), when a job is physically demanding (police, firefighters, military service), or when public safety is a concern (for example, in the case of age limits for pilots, truck drivers, and bus drivers).

SHORT:
If it's too long, it's basically saying the ADEA is meant to protect workers 40 and older from age discrimination when age is not important to do the job (there's no reason to assume an 18-year-old would be a better cashier than a 40-year-old). It allows employers to favor older workers over younger workers.

However, when age is a BFOQ, it means age actually matters to do the job so your employer has the green light to discriminate against your age even if you're 40+. The BFOQ is how the FAA beat the EEOC with maximum age limits for commercial airline pilots.

 

Glad to hear it!

 

The jist of it is as you get older your reflexes slow down... etc. A young person can get better at driving. An older one can't improve their reflexes.

 

Do you have an actual source for your information? Not an opinion article, and not some unverified wiki article, but actual laws or court cases?

 

No problem:

• bona fide occupational qualification (BFOQ)
• What do I need to know about ... Age Discrimination | U.S. Department of Labor.
• https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=2246&context=luclj (Page 7)

Bona fide occupational qualifications typically are invoked when an employer has been accused of employment discrimination. The employer may use the defense that the discrimination was based on a bona fide occupational qualification. Bona fide occupational qualifications are often used for safety reasons, such as imposing a mandatory retirement age for airline pilots and bus drivers.

 

I'm 65 and I can guarantee you that my reflexes are as good if not better than most people on the road today.

 

Neither link mentions anything about trucking being allowed.....

 

Good news.
I'm only 68 now.
Here I come. Hear me roar.

 

It's a fact.