11.8 Age Discrimination — Defense— - Bona Fide Seniority System is a legal defense to age discrimination claims. It is a system of employee rights based on length of service with a company, which allows employers to provide senior employees with additional rights and benefits and to make decisions based on their length of service. The Bona Fide Seniority System allows companies to provide employees with rights and benefits regardless of their age, so long as the system is based on the length of service and not on age. There are two types of Bona Fide Seniority Systems: Preference-Based and Non-Preference-Based. Preference-Based systems are those in which senior employees have preferential treatment over younger employees in terms of pay and benefits. Non-Preference-Based systems are those in which all employees are treated equally regardless of age, but senior employees may receive additional benefits or recognition due to their length of service.
11.8 Age Discrimination-Defenses-Bona Fide Seniority System
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Seniority system means a system that gives preference to workers based on years of service. For example, a worker with more years of service may be paid more for performing a particular job than an employee with fewer years of service in that same job.
Employers can still adhere to seniority and compensating employees based on quality. It is not a form of workplace discrimination to adhere to a seniority system or to judge an employee based on their productivity and the quality of their work.
Seniority is a privileged rank based on your continuous employment with a company. In a seniority-based system, people who stay at the same company for long periods of time are rewarded for their loyalty.
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.
The practice of ranking senators based on length of service, known as seniority, developed during the institution's first half-century. In its earliest decades, the Senate struggled to find an equitable means for distributing special status among members.
1996) (?A 'bona fide' seniority system is one that was created for legitimate purposes, rather than for the purpose of discrimination.?).