Age Discrimination: Know Your Rights Under Arizona and Federal Law
Fortunately for workers, both the federal Age Discrimination in Employment Act and Arizona law protect workers age 40 and older from age-based employment discrimination in hiring, firing, compensation, and other employment terms. For a Phoenix employee, a demotion, layoff, hiring decision, pay disparity, or pattern of exclusion may also carry more weight when the surrounding facts show that age influenced the employer’s choice. At Shields Petitti & Zoldan, we can examine those facts and determine whether Arizona or federal protections may support an age discrimination claim.
What Is the Age Discrimination in Employment Act?
The Age Discrimination in Employment Act (ADEA) is the federal law that protects workers age 40 and older from employment discrimination because of age. Congress enacted the Age Discrimination in Employment Act of 1967after finding that older workers often faced arbitrary barriers when trying to keep jobs, find new positions, or compete for workplace opportunities.
The law can apply to many decisions that shape a person’s career, including:
- Hiring. An employer cannot reject a qualified applicant because that person is 40 or older.
- Termination and layoffs. A company cannot select someone for discharge because of age.
- Pay and benefits. Employers cannot lawfully reduce compensation or disadvantage covered workers based on age.
- Promotions and assignments. Age cannot serve as the reason for withholding advancement, training, or desirable work opportunities.
- Harassment. Severe or pervasive age-based conduct can violate federal law when it changes the conditions of employment.
- Retaliation. An employer cannot punish someone for opposing age discrimination, filing a charge, or participating in an ADEA proceeding.
Arizona employees age 40 and older also receive similar protection under the Arizona Civil Rights Act. The law prohibits covered employers from discriminating because of age in hiring, termination, compensation, and other terms of employment, giving Phoenix employees a state-law avenue alongside the federal ADEA. At Shields Petitti & Zoldan, we can evaluate both sets of protections and determine which claims the evidence supports.
What Are My Rights Under the Age Discrimination in Employment Act of 1967?
The Age Discrimination in Employment Act of 1967 gives workers age 40 and older protections that reach beyond an employer’s final hiring or firing decision. The law can also affect recruiting practices, workplace policies, severance agreements, and other rules that disadvantage older employees.
Those rights can include:
- Freedom from age-based job advertising. Covered employers generally cannot publish openings that express a preference for younger applicants or discourage people age 40 and older from applying.
- Protection from seemingly neutral policies that disproportionately harm older workers. The ADEA can reach certain practices that affect workers age 40 and older more severely, even when the rule does not expressly mention age, unless the employer can establish a reasonable factor other than age.
- Protection against forced retirement in many jobs. Employers generally cannot use a seniority system to require an employee covered by the ADEA to retire solely because of age, although limited exceptions exist.
- Specific protections when waiving ADEA claims. An employer cannot simply place an age-discrimination waiver in a severance agreement and assume it will hold up. Federal law requires a waiver to meet detailed standards, including clear written language, specific reference to ADEA rights, additional consideration, and written advice to consult an attorney.
- Time to consider certain severance waivers. In many individual termination agreements, an employee must receive at least 21 days to consider an ADEA waiver and seven days to revoke it after signing. Group termination programs carry additional requirements.
Phoenix employees asking, “What is the Age Discrimination in Employment Act of 1967?” should also know the law can also cover age-based recruiting, neutral policies that disproportionately harm older workers, forced-retirement practices, and severance agreements that fail to meet federal waiver requirements. Additionally, Arizona law provides similar protection against age-biased advertising, discriminatory employment practices, and most forced-retirement policies.
Want to Learn More About the Age Discrimination in Employment Act and Arizona Law? Contact Shields Petitti & Zoldan, PLC Today
Age discrimination can hide behind phrases such as “culture fit,” “new direction,” or “succession planning,” but the label an employer uses does not control what the evidence shows. If you suspect age influenced a layoff, promotion decision, severance offer, hiring process, or other workplace discrimination, Shields Petitti & Zoldan can examine the timeline, communications, policies, and treatment of similarly situated employees to determine whether Arizona or federal law may give you a claim.
We bring nearly five decades of combined experience and over $25 million in settlements and verdicts to employment disputes throughout Phoenix and Maricopa County. Our attorneys have earned recognition from Super Lawyers and Best Lawyers, an AV-Preeminent rating, and membership in the Million Dollar Advocates Forum. Just as important, they will litigate when an employer refuses to take a legitimate claim seriously.
If you want to learn more about the Age Discrimination in Employment Act and how it applies to your situation, contact us today.
Official Legal and Other Sources Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other sources while developing the content.
- U.S. Equal Employment Opportunity Commission: Age Discrimination
- U.S. Equal Employment Opportunity Commission: Age Discrimination in Employment Act of 1967
- Arizona Civil Rights Act (ACRA): A.R.S. § 41-1463, Discrimination; Unlawful Practices; Definition
