I am currently awaiting a response from the iowa A.G.'s office- until then:
(3) Age Discrimination in Employment Act - 29 USC & sect; 621-634
Prohibits discrimination based on age. Age is defined to be 40 years
or older, so this law does not prohibit discrimination against those
younger than 40. This law applies to public sector employers, and
private sector employers with more than 20 employees. However, those
under 40 years of age, or who work for smaller employers often are
protected by state law.
(4) Americans with Disabilities Act - 42 USC & sect; 12101-12118
Prohibits discrimination based on physical or mental disability. This
law applies to public sector employers, and private sector employers
with more than 15 employees. Some states have laws that are more
stringent.
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(http://www.mbtlaw.com/pubs/articles/rif.html)
Older Workers Benefit Protection Act of 1990
Prior to 1989, programs that set age limits for
eligibility presented a prima facie case of age discrimination, which
the employer then was forced to rebut by showing that the program was
a "bona fide employee benefit plan . . . [and] not a subterfuge to
evade the purposes of [the ADEA]."[xiv] The Supreme Court upset this
standard with its 1989 decision in Public Employees Retirement Sys. of
Ohio v. Betts, in which the Court found that the ADEA did not
generally prohibit age discrimination in employee benefit plans.
In October 1990, Congress enacted the Older Workers
Benefit Protection Act ("OWBPA") to erase Betts' impact on employee
rights. The OWBPA specifically amends the ADEA to include all
employee benefits and bona fide employee benefit plans in the class of
"compensation, terms, conditions or privileges of employment,? which
employers are prohibited from allocating discriminatorily.[xv]
The OWBPA contains several provisions of special interest
to employers designing incentive programs. First, the Act expressly
allows employers to set minimum ages for eligibility in early (or, for
that matter, normal) retirement benefit plans.[xvi] Additionally, the
Act invokes a historic EEOC rule known as the "Equal Benefit or Equal
Cost" standard. Under this rule, an employer is required to provide
older workers with benefits at least equal to those provided to
younger employees, unless it can be determined that providing an equal
benefit to the older worker is more costly than to the younger
person.[xvii] The OWBPA also prohibits an employer from implementing
an involuntary retirement program.[xviii] Finally, as mentioned
previously, the Act heavily regulates the terms under which an
employee's voluntary waiver may be enforced."
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Age discrimination in a working environment can be a very distressing
experience. You can be overlooked for opportunities, treated in a
substandard manner by co-employees, and/or terminated for no other
reason than your age. If you have experienced any of these, then you
have experienced Age Discrimination.
The Age Discrimination in Employment Act of 1967 (ADEA) protects
individuals who are 40 years of age or older from employment
discrimination based on age. The ADEA's protections apply to both
employees and job applicants. Under the ADEA, it is unlawful to
discriminate against a person because of his/her age with respect to
any term, condition, or privilege of employment -- including, but not
limited to, hiring, firing, promotion, layoff, compensation, benefits,
job assignments, and training.
It is also unlawful to retaliate against an individual for opposing
employment practices that discriminate based on age or for filing an
age discrimination charge, testifying, or participating in any way in
an investigation, proceeding, or litigation under the ADEA.
The ADEA applies to employers with 20 or more employees, including
state and local governments. It also applies to employment agencies
and to labor organizations, as well as to the federal government.
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BTW:
The Fair Labor Standards Act generally requires employers to pay
overtime - time and a half - when workers exceed 40 hours a week.
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Am also finding information from AARP concerning local contacts you
may have that may help in this matter. Will post more information as
discovered.
LRU |
