The Discrimination in Employment Act (DDEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The DDEA's protections apply to both employees and job applicants. Under the DDEA, 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.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the DDEA.
The DDEA applies to employers with 4 or more employees, including state, county and local governments. It also applies to employment agencies and labor organizations. DDEA protections include:
- Apprenticeship Programs
It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the DDEA.
- Job Notices and Advertisements
The DDEA generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. A job notice or advertisement may specify an age limit only in the rare circumstances where age is shown to be a “bona fide occupational qualification” (BFOQ) reasonably necessary to the normal operation of the business.
- Pre-Employment Inquiries
The DDEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, 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 DDEA.
You may also be interested in:
- How to File a Charge of Employment Discrimination
- DDOL's Charge Processing Procedures
- Mediation at DDOL
- DDOL Investigations - What an Employer Should Know