DISCRIMINATION BASED ON AGE

1
DISCRIMINATION BASED ON AGE

• Ohio Department of Administrative Services
• Equal Opportunity Division

2
FEDERAL LAWS AND REGULATIONS

• Title VII of the Civil Rights Act of 1964
  protects individuals from discrimination based on
  age.
• Title VII makes it illegal for an employer to
  discriminate against individuals because of their
  age in hiring, firing, and other terms and
  conditions of employment, such as promotions,
  raises, and other job opportunities.
• Title VII applies to employers with 15 or more
  employees, including state and local governments.
  It also applies to employment agencies and to
  labor organizations, as well as to the federal
  government.
• Source Document The U.S. Equal Employment
  Opportunity Commission
• http//www.eeoc.gov/types/age.html

3
STATE OF OHIO CODES

• The Administrative Rule 123 1-49 provides
  guidance and leadership to administer the state
  of Ohio Equal Employment Opportunity program and
  the internal discrimination complaint process.
• The Ohio Revised Code Section 4112 prohibits any
  act of unlawful discriminatory practice in
  employment.

4
STATE OF OHIO GUBERNATORIAL EXECUTIVE ORDERS

• Executive Order 2007-10S, Establishing Policy
  Against Discrimination Based on Sexual
  Orientation or Gender Identification
• Sexual Orientation A persons actual or
  perceived homosexuality, bisexuality, or
  heterosexuality, by orientation or practice, by
  and between adults who have the ability to give
  consent.
• Gender Identity The gender a person associates
  with him or herself, regardless of the gender
  others might attribute to that person.
• http//das.ohio.gov/Eod/PDF20Files/EO202007-10S
  .pdf

5
FEDERAL EEOC DEFINITION OF AGE DISCRIMINATION

• The Age Discrimination in Employment Act of 1967
  (ADEA) protects individuals who are 40 years of
  age or older from employment discrimination based
  on age.
• Under the ADEA, it is unlawful to discriminate
  against a person because of his/her age with
  respect to any term, condition, or privilege of
  employment, including hiring, firing, promotion,
  layoff, compensation, benefits, job assignments,
  and training.
• Source Document The U.S. Equal Employment
  Opportunity Commission
• http//www.eeoc.gov/types/age.html

6
EXCEPTIONS TO ALLEGED DISCRIMINATION

• When work-related requirements are considered a
  business necessity.
• Bona Fide Occupational Qualification (BFOQ) if
  gender, religion or national origin is a BFOQ to
  perform the normal functions of the position.
• Union-based seniority systems that are not
  designed to discriminate.
• Source Document Human Resources Training Series
  HR Development and Training

7
EXAMPLES OF AGE DISCRIMINATION

• It is generally unlawful for apprenticeship
  programs, including joint labor-management
  apprenticeship programs, to discriminate on the
  basis of an individual's age.
• It is unlawful to include age preferences,
  limitations, or specifications in job notices or
  advertisements.
• The ADEA does not specifically prohibit an
  employer from asking an applicant's age or date
  of birth. However, requests for age information
  will be closely scrutinized to make sure that the
  inquiry was made for a lawful purpose, rather
  than for a purpose prohibited by the ADEA.
• Source Document The U.S. Equal Employment
  Opportunity Commission
• http//www.eeoc.gov/types/age.html

8
EMPLOYEE RESPONSIBILITIES IN THE PREVENTION OF
DISCRIMINATION

• Employees should become familiar with their right
  to work in an environment free from employment
  discrimination.
• Employees should become acquainted with the
  agencys policy and procedures for filing a
  discrimination complaint.
• Employees who are harassed should take
  appropriate steps at an early stage to prevent
  the continuation of the objectionable conduct.
• Source http//www.eeoc.gov/types/age.html
• EEOC Compliance Manual, Section 13 of the new
  Compliance Manual on National Origin
  Discrimination.

9
AGENCY RESPONSIBILITIES IN THE PREVENTION OF
DISCRIMINATION

• Employers should establish anti-discrimination
  policies and complaint procedures covering all
  forms of unlawful discrimination.
• An employers discrimination complaint process
  should be clear and made available to all
  employees.
• Source Document The U.S. Equal Employment
  Opportunity Commission
• http//www.eeoc.gov/types/age.html

10
EEOC STATISTICS ON AGE DISCRIMINATION

• According to the federal EEOC, in Fiscal Year
  2007, the EEOC received 19,103 charges of age
  discrimination.
• EEOC resolved 16,134 age discrimination charges
  in FY 2007 and recovered 66.8 million in
  monetary benefits for charging parties and other
  aggrieved individuals (not including monetary
  benefits obtained through litigation).
• Source Document The U.S. Equal Employment
  Opportunity Commission
• http//www.eeoc.gov/types/age.html

11
EEOC SUPREME COURT DECISIONS BASED ON AGE

• Grosjean vs. First Energy Corp. (2003)
• William Grosjean was a longtime employee of First
  Energy Corp. who took a new supervisory position
  in 1997, dividing the work with a more
  experienced supervisor who was six years younger.
• In 1999, having problems with his management
  style, Grosjean was demoted to a nonsupervisory
  position with no loss in salary. The court
  dismissed the lawsuit, because he could not prove
  he was demoted because of his age.
• Source Document http//hr.monster.com/hrwatch/200
  4/01/

12
EEOC SUPREME COURT DECISIONS BASED ON AGE
(Continued)

• The court focused on the fact that both
  replacements were 6 years or less younger than he
  was. Generally, there needs to be an age
  difference of at least 8 to 10 years before a
  court will allow a worker to sue for age
  discrimination. Further, Grosjean did not show
  that his employer considered how old he was when
  making its decision to demote him.
• The 54-year-old employee who was demoted from his
  supervisory position and replaced with a
  51-year-old individual may not maintain his
  lawsuit alleging age discrimination, the Sixth
  Circuit Court of Appeals recently held.
• Source Document http//hr.monster.com/hrwatch/200
  4/01/

13
EEOC SUPREME COURT DECISIONS BASED ON AGE
(Continued)

• Kuehnl vs. Warfield-Rohr Casket Co. (2005)
• Fred W. Kuehnl, who upholstered the interiors of
  caskets and served as foreman of the
  Warfield-Rohr Casket Company's trimming division
  for 29 years, was fired by CEO Howard Ayres on
  April 28, 2000, due to ageism.
• In addition to the nearly 400,000 in lost wages,
  the EEOC is requesting that the court also award
  equitable relief to Kuehnl, including front pay
  and an injunction prohibiting the company from
  future acts of age discrimination.
• Source Document the federal EEOC website
• http//www.eeoc.gov/press/3-4-05.html

14
EEOC SUPREME COURT DECISIONS BASED ON AGE
(Continued)

• Prior to terminating Kuehnl, the CEO made
  numerous inflammatory age-based remarks and
  indicated that a younger employee could better
  serve the company, despite Kuehnl's superior
  experience and qualifications as a long-time
  employee of the division.
• A federal jury awarded 397,948 in back pay and
  damages to the 56-year old veteran foreman of the
  Baltimore, Maryland-based wholesaler of burial
  caskets, who was fired due to age discrimination
  after three decades of work for the company.
• Source Document the federal EEOC website
• http//www.eeoc.gov/press/3-4-05.html

15
INTERNAL AND EXTERNAL RESOURCES FOR FILING
COMPLAINTS

• If you believe you may have been subject to
  discrimination, you may file your allegation with
  one or all of the following enforcement agencies
• DAS/Equal Opportunity Division The claim must be
  filed within 30 days of the alleged
  discriminatory incident. www.das.ohio.gov/eod
• Ohio Civil Rights Commission The claim must be
  files within 180 days of the alleged
  discriminatory incident. www.ohio.gov/crc
• U.S. Equal Employment Opportunity Commission The
  claim must be filed within 300 days of the
  alleged discriminatory incident. www.eeoc.gov

16
STATE AGENCY RESOURCES

• For more information, you may contact your
  respective agency
• EEO Officer.
• www.das.ohio.gov/eod/AAEEOEnfOff.htm

17
THANK YOU FOR YOUR ATTENTION!Ohio Department of
Administrative ServicesEqual Opportunity
DivisionFor more information, you may
contactour office by phone[phone]or
www.das.ohio.gov/eod