Are There Any Employment Situations That Are Exempt From the ADEA?

Yes, there are certain employment situations that are exempt from the Age Discrimination in Employment Act (ADEA). Here are six such situations.

1. Whe age is a bona fide job qualification reasonably necessary to the normal operation of a particular business (i.e. modeling clothes for teenagers).
2. When the differentiation is based on reasonable factors other than age, such as the use of stringent physical requirements necessitated by the nature of the work, ADEA prohibitions do not apply.
3. When differentiations are based on the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, the actions are exempt from the ADEA.
4. Another exception to the prohibition on mandatory retirement at any age covers state and local governments with mandatory retirement ages for firefighters and law enforcement officers.
5. When an individual has, for a two-year period prior to retirement, been employed in a bonafide executive or high policy-making position, and is entitled to an immediate, nonforfeitable, annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan which equals at least $44,000, then compulsory retirement at 65 is not prohibited.
6. When there is a bona fide apprenticeship program, which has been traditionally limited to training younger persons for skilled employment, the ADEA prohibitions do not apply.

As in all applicable cases, the employer asserting any of these defenses has the burden of showing that the age limit is reasonably necessary.

Comments

[lucas law center]

Thanks for the six situation you have shared in your post. Very significant.

LLC

[Standard Employment Application Form]

The post is really very good, Thanks for the information.