Current Issues in ADEA Law that May Affect Your Retirement The Age Discrimination in Employment Act prohibitsdiscrimination against a person because of his/her age withrespect to any term, condition, or privilege of employment,including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. As baby boomers begin to retire ordecide to work longer because of losses in the current economy,age discrimination has become a more important subject in ElderLaw.
Current Issues affecting the workforce under the ADEA
Waivers – Are waivers of older workers benefits fair. The1990 amendment to the ADEA has strict guidelines forwaivers of benefits for older workers. This scrutiny isunlikely to change as employers in a struggling economyreduce their workforces. It will be important to theemployee that the waiver meets statutory requirements.
Damages – in ADEA cases substantial employees can beawarded back pay, front pay, and punitive damages. Agediscrimination litigants appear to receive empathy from thecourt and juries.
Healthcare Benefits - rulings by the federal court indicatethat under the ADEA employers must give their Medicareeligible workers the same health care as their youngerworkers. As healthcare costs continue to escalate, there is aconcern that the burden on employers will force them tostop giving comprehensive benefits to their entire workforce.
Disparate Impact claims – the ADEA allows an employer toterminate an older employee if the entire workforce is beingreduced and all workers are being treated fairly. Thequestion is whether a plan to reduce workers that appearsneutral on its face, has a more negative impact on olderworkers. The EEOC is the federal agency that enforces the ADEA. Itbecomes an important aspect of elder law because of the aging of America. The complexities of the civil rights law may require the