Charles L. (“Chuck”) Bachman, Jr., a member of Gregory Doyle’s
Labor and Employment practice group, counsels companies in employment
related matters, including issues involving the Family and Medical Leave
Act, the National Labor Relations Act (including union avoidance), OSHA,
the Fair Labor Standards Act, sexual harassment, and other federal and state
employment laws. He also works with companies to implement
employment policies and handbooks and to draft employee contracts, nondisclosure,
and non-compete agreements.
Did you know…
Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.
It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
Age Discrimination & Employment Policies/Practices
An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).