Age discrimination in business happens all of the time, unfortunately. Many people who are interested in studying law chose to specialize in cases involving ageism. As with any field of law, it is important to have the proper age discrimination law education and training in order to be able to legally practice law in this country.

The first step in getting the proper education to be able to work on age discrimination cases is gather all of the information in order to make an informed decision regarding becoming this type of lawyer. Consider these ideas:

1. Research what age discrimination law is and if it is something you are interested in getting training in.

2. Apply to and attend courses that offer an age discrimination law course of study.

3. Take advantage of professional law organizations to keep yourself educated on the latest developments in the field.

Action Steps
The best contacts and resources to help you get it done

Find out more about age discrimination labor law

As the population of our society ages, the number of workers who are victims of age discrimination have increased as well. Many people considering a career in law are becoming age discrimination lawyers. How do you know if this particular field of law is for you? It is important to know ahead of time what it is about and read up on the latest age discrimination act. This will give you a better idea of the type of education and training you have to get in order to be able to practice, as well as giving you a head start on the facts you will need to know when pursuing your education.

I recommend: US Department of Labor is a helpful resource to explain some background information on age discrimination law so you can decide the best course of action to take in order to become a legal professional in this field. There is a general overview of the field at Expert Law to give you the facts quickly.

Utilize online references to find age discrimination law education and training

Find sources online which specialize in age discrimination law training. You should be fully trained, know the law and how to implement it.

I recommend: Check out Employment Law Training to see what they have to offer in age discrimination law education and training. HR Classroom provides information for employees and employers.

Join professional lawyer organizations and take advantage of their education opportunities

Laws, including age discrimination laws, are always changing. Be sure you are up-to-date on the latest age discrimination facts by being a member of a local or national law organization. These groups often offer continuing education seminars as well as networking events where you can meet other professionals in your area that may have more experience in age discrimination law. Chances are you can learn a lot from these knowledgeable lawyers.

I recommend: The American Bar Association has many networking and continuing education events to keep you abreast of all of the new age discrimination facts coming to light. National Employment Lawyers Association should be your first stop when you are looking to network with other age discrimination lawyers or to sharpen your skills and gain knowledge through seminars and conferences.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Check with an admissions officer at the law school you are planning on attending as some of your undergraduate course work may apply to your training in age discrimination law.

As Americans live longer and the older population continues to work, age discrimination law is becoming one of the fastest growing areas of employment law. Age discrimination cases pop up in all 50 states, and some of them result in high payouts against employers.

As a business owner, it's important that you be aware of ageism and what could bring you a major headache in the form of age discrimination cases. Know your age discrimination facts and what the age discrimination act provides in terms of protection.

The federal Age Discrimination in Employment Act of 1967 protects all employees over 40 from discrimination. This includes current employees and job applicants. It applies to any employers with 20 or more employees.

It's relatively easy to avoid age discrimination suits. Know that:

1. Age discrimination labor law forbids you from doing certain things that would constitute discrimination, including using ads or materials that say a certain age is preferred, taking age into account in any hiring or promotion decisions or forcing employees to retire by a certain age.

2. You are protected against federal age discrimination lawsuits if you are the employer of 20 employees or less, or when age is a necessary part of the job. Be aware that some states provide protection for employees even when the employer has fewer than 20 employees.

3. Age discrimination in business is a serious issue, and lawsuits as a result of Ageism Laws cost businesses millions of dollars annually. If you are confronted with age discrimination facts, take them seriously.

Action Steps
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Know the law

Know what age discrimination laws apply in your area and how to avoid an accusation of age discrimination.

I recommend: Start with the Equal Employment Opportunity Commission (EEOC) website, which provides the basic facts about age discrimination law. The AARP, which provides information on age discrimination and Ageism Law, is another handy place to go for age discrimination facts and to learn the protections afforded by the age discrimination act.

Educate your employees about the law

Make sure your employees know what employment age discrimination is and how they can avoid putting you in a bad position.

I recommend: If you want to direct your employees to information, Workplace Fairness has an extensive question and answer resource about the basics of age discrimination facts. Several online resources offer training programs and seminars to help avoid age discrimination in employment, for example Business & Legal Reports.

If faced with an age discrimination case, get professional help

Age Discrimination Law is complicated. Don't represent yourself if faced with a lawsuit.

I recommend: There are several good websites for hiring age discrimination lawyers, among them LegalMatch, which deals with helping place employment lawyers. Also good is Small Business Law Firms.com, which can provide you with a lawyer reference if you run a small business.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  When an employee is over 40, apply stronger scrutiny to any employment decision about that employee than you would if the employee were younger.
• •  Take any accusation of age discrimination as seriously as you would an accusation of racial or sexual discrimination.

Any business owner today knows that the U.S. government strives to protect workers from unfair employment practices. While it used to be customary for companies to deny employment to workers they regarded as too old, it is no longer legal to do so. Not only can't you refuse to hire a worker older than 40 but you also can't deny him a promotion or pressure him to retire simply on the grounds of age alone. Penalties for failing to comply with age discrimination laws can be stiff. Protect your business from allegations that it has violated age discrimination laws by becoming fluent in the following key terms.

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Older Workers Benefit Protection Act of 1990, or OWBPA

Enacted after lengthy legislative hearings, the Older Workers Benefit Protection Act of 1990 amended the Age Discrimination in Employment Act of 1967.

I recommend: FindUSLaw.com has the text of the 1990 legislation.

Age Discrimination in Employment Act of 1967, or ADEA

After passage of the ADEA, companies could no longer get away with denying jobs to applicants over 40 on the grounds that they were too old. It also became a violation of federal law to base hiring, layoff and promotions decisions on age alone.

I recommend: The U.S. Department of Transportation explains the specific prohibitions the ADEA makes against age discrimination in employment.

ADEA waiver

Companies sometimes insert an ADEA waiver into severance agreements. By signing this waiver, a retiring employee agrees that, in exchange for severance compensation, he will not bring a lawsuit against his employer for age discrimination.

I recommend: Personnel Policy Service puts ADEA waivers in their legal context. Find out how these waivers must be worded and what classes of employees are entitled to make them.

Reverse age discrimination

Reverse age discrimination refers to the idea that, rather than being the subject of adverse company policy, older workers are actually receiving special treatment that is denied to employees under 40.

I recommend: The American Bar Association treats reverse age discrimination within the context of lawsuits brought by younger workers who allege that the retirement plans in effect at some companies offer benefits to older workers that are off limits to them.

Retaliation

Retaliation refers to actions that companies take against employees who have filed claims alleging various types of misconduct, including discrimination.

I recommend: Read HR Hero to learn about key court rulings protecting workers who feel they have been the victim of retaliation.

Disparate impact

Disparate impact should be distinguished from disparate treatment in that the former relates to company policies that unintentionally discriminate against older workers.

I recommend: Read Employment Law Attorney to find out which statutes courts rely on as they apply age discrimination laws to claims of disparate impact. You'll also find out about the most common defense companies make in response to disparate impact allegations.

According to the U.S. Equal Employment Opportunity Commission, age discrimination claims rose from 15,000 in 1997 to over 24,000 in 2008, with less than half of the claims dismissed by the courts. Understanding age discrimination law basics can help avoid having age discrimination cases brought against your company and reduce unintended instances of ageism in the workplace.

The Age Discrimination Act of 1967 was one of the first attempts to institute age discrimination law in the workplace, and has since been amended several times to encompass a broader interpretation of age discrimination and make anti-discrimination laws more enforceable. Age discrimination lawyers also help ensure that age discrimination labor law is being properly enforced and that elderly employees are aware of their legal rights.

When becoming familiar with age discrimination law basics, consider the following resources:

1. Learn age discrimination facts for what constitutes ageism;
2. Get tips for compliance with the Age Discrimination Act;
3. Learn strategies for upholding age discrimination law for small businesses.
   

Action Steps
The best contacts and resources to help you get it done

Get quick tips for identifying age discrimination in the workplace

Because many people find it difficult to identify age discrimination, a number of articles and services exist for learning more about what constitutes ageism in the workplace for both employees and businesses. According to legislation, age discrimination applies to individuals 40 years of age and older working for companies of 20 or more employees, and concerns hiring, firing and benefits.

I recommend: Senior Magazine Online provides a definition of age discrimination and tips for identifying ageism. The AARP also publishes a number of articles concerning age discrimination and how to identify it.

Ensure your business is in compliance with age discrimination law

Lack of awareness of age discrimination law is no excuse for questionable age-based hiring or firing by your business, so it is your legal responsibility to stay abreast of current information on age discrimination in the workplace. As the number of individuals over 40 in the workforce grows, so will the number of legal cases concerning age discrimination and the ways in which age discrimination is interpreted by the courts.

I recommend: Free Management Library provides a basic overview of all aspects of age discrimination law for employers. Jackson Lewis, age discrimination lawyers, provide best practices for avoiding age discrimination in your company.

Understand how age discrimination applies to small business

While federal legislation concerning age discrimination in business is limited to companies with 20 or more employees, smaller businesses also need to be aware of age discrimination issues and avoid preferential practices based on age. Because new small businesses may be less versed in laws governing businesses, special assistance is available from a number of sources to help small businesses avoid age discrimination.

I recommend: The U.S. Equal Employment Opportunity Commission offers a tool kit for small businesses to understand age discrimination basics and avoid legal action. Career Builder also offers HR tips for small businesses, including ways to avoid age discrimination in hiring and firing decisions.