Age Discrimination in Employment

Growing numbers of Americans are choosing to remain active members of the workforce beyond the customary retirement age of 65. To protect older workers, Congress and the Iowa Legislature have passed legislation to address age discrimination in the workplace.

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. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of the person’s age with respect to any term, condition, or privilege of employment.  This includes, but is not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignment, and training.

The ADEA also prohibits retaliation against the worker or applicant for opposing practices that discriminate based on age.  Similarly, the ADEA protects employees and applicants from retaliation for filing an age discrimination charge, testifying, or otherwise participating in an investigation, proceeding, or litigation under the Act.

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 ADEA.

The ADEA applies to employers with 20 or more employees. It also applies to employment agencies and to labor organizations, as well as to the federal government. Under current law, States (and political subdivisions thereof), as employers, are immune from employee ADEA claims. The Iowa Civil Rights Act is much broader; it extends protection against age discrimination in employment to all persons age 18 and above. The state law applies to the same entities and is somewhat broader in that it applies to private employers that regularly employ four or more persons.

The ADEA does not apply if an age requirement or limit is based on a genuine job requirement or a bona fide seniority system or retirement plan. Additionally, an employer may make appropriate decisions regarding an employee, irrespective of the employee’s age, for legitimate business reasons that are unrelated to a person’s age.

Filing a Complaint

If you feel that you have been discriminated against, a complaint should be filed with the Iowa Civil Rights Commission and the Equal Employment Opportunity Commission (EEOC), a federal agency.  In addition, some of the larger cities in Iowa have established local civil or human rights commissions, which have the authority to receive and investigate discrimination complaints.  It is very important to file your complaint within 180 days of the unfair or discriminatory act.  However, that deadline may be extended to 300 days if the complaint is also covered by state or local anti-discrimination law.  If you fail to file within that time period, state and federal agencies will have no ability to consider your complaint.  It is also wise to speak with an attorney as soon as possible to help you with the complaint process.  However, you may proceed with a complaint with the Iowa Civil Rights Commission or the EEOC without an attorney, as well.

The appropriate agency will accept your complaint and process it without charge to you. If the agency does not act promptly, you may file a private suit to remedy the discrimination. Many complaints are resolved through agency mediation and settlement.

If you wish to attempt to resolve your complaint with a civil lawsuit, you must first make an attempt to resolve your dispute by filing a complaint with the Iowa Civil Rights Commission and/or the EEOC.  You may not file any court action until your complaint has been on file with one or both of those agencies for at least 60 days.

If you need more information, contact the Iowa Civil Rights Commission or Human Rights Commission.

Who can assist you?

Iowa Civil Rights Commission: (515) 281-4121 or (800) 457-4416 (toll free)

Equal Employment Opportunity Commission: (800) 669-4000 or info@eeoc.gov