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The Manager's Pocket Guide to Employee Relations by Terry L. Fitzwater

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ADEA—AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967

This provision makes it illegal for employers with 20 or more employees to discriminate against those over the age of 40. The act originally covered those up to the age of 70, but was later amended and the age cap was eliminated. However, the age cap is applicable if there is a job-related occupational qualification. For example, the airline industry sets a mandatory retirement age of 60 for its pilots. While this is currently under debate, it is a recognized exclusion to this act.

When should an employer be concerned about this act? When the employer is making decisions that adversely affect employees over 40 but particularly when contemplating a reduction in its workforce. If a layoff is implemented ...

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