Delbert is 55 years old and was recently laid off from his job at the Middle America Corporation. He has applied for 30 different jobs, but has been told that he is too old and that companies prefer younger workers. Does Delbert have any recourse under federal law?
The Age Discrimination in Employment Act prohibits discrimination in hiring, firing, compensating, or other employment-related processes on the basis of age. The Act applies to private employers having 20 or more employees and to all governmental units regardless of size. The Act prohibits discrimination based on age over 40. The major statutory defenses include 1. a bona fide occupational qualification; 2. a bona fide seniority system; and 3. any other reasonable action. Remedies available include back pay, injunctive relief, affirmative action, and liquidated damages equal to the amount of the award for willful violations. An ADEA claimant is entitled to a jury trial.
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