Employers and State Laws on Age Discrimination

Today's multigenerational workforce can present legal and management policy challenges to human resource professionals, including how to recruit, hire, manage and train age-diverse workers, and how to establish compensation packages or severance benefits that do not discriminate against workers based on age.

Have you looked at your employment policies lately? Are they age neutral? Do they provide benefits to one age group of employees over another? Have you reviewed your employment policies and practices to ensure that they comply with the federal Age Discrimination in Employment Act (ADEA), as well as state and local age discrimination laws?

A Primer on State Laws on Age Discrimination

Many states have their own laws against age discrimination in employment, along with a state agency responsible for enforcing the law. Some employers, however, may be unaware that such laws are on the books. For many employers, navigating the federal and state laws, related regulations, and the working relationships between the agencies responsible for age discrimination can be a daunting experience.

The federal Equal Employment Opportunity Commission (EEOC) refers to state and local agencies as Fair Employment Practices Agencies (FEPA). They work collaboratively with the EEOC to avoid duplication of efforts (in the investigation and resolution of discrimination claims) while ensuring that older workers are protected against age discrimination under both federal and state laws. While the state laws are similar in intent to the ADEA, they may have some differences. For example some state laws may: … Back to Article