11.6 Age Discrimination-Defenses are strategies used by employers to protect against potential age discrimination claims. These strategies are used to show that the decision made was based on factors other than age. Some of the most commonly used defenses are: Bona Fide Occupational Qualification (BFO) defense, Seniority System defense, Reasonable Factors Other Than Age (RFA) defense, Business Necessity defense, and the Same Terms and Conditions defense. The BFO defense is used to show that age is a necessary factor for a job and that the employment decision was made based on the individual's ability to perform the job. The Seniority System defense is used to show that the employer had a legitimate policy of using seniority or age as criteria for employment decisions. The RFA defense is used to show that age was not the only factor in the decision and that other reasonable criteria were used. The Business Necessity defense is used to show that the employer had a legitimate business need for the decision made and that the decision was made in a nondiscriminatory manner. The Same Terms and Conditions defense is used to show that the employer offered the same terms and conditions to all employees regardless of age.
11.6 Age Discrimination-Defenses
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Under the ADEA it is unlawful to discriminate against any individual age 40 or older because of their age with respect to any term, condition, or privilege of employment, including but not limited to, recruitment, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
Types of Age Discrimination Direct Discrimination. Direct discrimination occurs when you are unfairly treated in comparison to another person or group of people in a similar situation because of your age.Indirect Discrimination.Victimization.Harassment.
Ageism or discrimination based on the employee's age is still one of the biggest issues that American workers deal with on a daily basis. Although this type of bias has been around for as long as other types of workplace discrimination, ageism can be harder to prove because it can often be subtle and hard to recognize.
(1) A reasonable factor other than age is a non-age factor that is objectively reasonable when viewed from the position of a prudent employer mindful of its responsibilities under the ADEA under like circumstances.
These reasons may include educational requirements, merit, productivity, the presence of a valid seniority system, or a number of other non-discriminatory reasons used to reach a hiring decision. Employers may also raise affirmative defenses such as a bona fide occupational qualification (BFOQ) and business necessity.
8. What determines whether an employment practice is based on Reasonable Factors Other than Age? An employment practice is based on an RFOA when it was reasonably designed and administered to achieve a legitimate business purpose in light of the circumstances, including its potential harm to older workers.
The proposed rule explains that a "reasonable" factor is one that is objectively reasonable when viewed from the position of a reasonable employer under like circumstances, both in its design and in the way it is administered.
Our attorneys who defends employers against an age discrimination lawsuit will assert affirmative defenses, including that the employee was not qualified for occupation, business necessity, or seniority system. California laws forbids age discrimination against workers who are age 40 or older.