Question

1. What is the ADEA?
2. What are two defenses to a potential violation of ADEA?

Answer 1

What is the ADEA?

ADEA refers to The Age Discrimination in Employment Act of 1967. It was enacted to protect certain types of employees who are at least 40 years of age from workplace discrimination on the basis of age. Such discrimination may be in offering employment, promotion, compensation, or other terms or workplace conditions. This Act applies to various programs and activities which receive federal financial assistance. ADEA is enforced by the Civil Rights Center.

What are two defenses to a potential violation of ADEA?

Two major differences for violation of ADEA are as follows

BFOQ or Bonafide occupational qualification defence allows an employer to facilitate a discrimination between the basis of Age if the specific discrimination is necessary for their business. Bona FIDE occupational qualification defence allowed a business to maintain their profits at a reasonable margin.
It should be totally based on the reasonable factors with clear reasons of why the specific individual is being discriminated.

RFOA or reasonable factor other than age difference removes any liability under the age discrimination employment act when a specific decision is directly based on legitimate reasonable business, employees not concerned.