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Age Discrimination Claims

Age discrimination requires proof that age was the basis for an adverse employment decision.

Key point 8-09. The federal Age Discrimination in Employment Act prohibits employers with 20 or more employees, and engaged in interstate commerce, from discriminating in any employment decision on the basis of the age of an employee or applicant for employment who is 40 years of age or older. The Act does not exempt religious organizations. Many states have similar laws that often apply to employers having fewer than 20 employees.

* A federal appeals court ruled that a church school had not violated a federal age discrimination law in its treatment of a custodian. The custodian complained that over a period of about five years he was subjected to several adverse employment actions as a result of his age. As examples, he asserted that he was harassed and criticized by his supervisor because of his age; he was unfairly sent home and docked pay on two occasions; he was denied overtime opportunities ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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Posted:
  • May 1, 2007

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