HR Compliance Dallas Tx: Age Discrimination In The Workplace
Join 1000's of Authors at StreetArticles Today!

Part of HR compliance Dallas TX is staying on top of state and federal discrimination laws to prevent issues at your company. The Age Discrimination in Employment Act (ADEA) was enacted to protect older workers from being fired and demoted or from facing other types of discrimination, such as in hiring and promotion decisions. If you own a business or if you are a human resources manager, you will need to know about whether the ADEA affects your workers and how to avoid violating it.

HR Compliance Dallas TX: Age Discrimination and the ADEA

Here are the basic things business owners and HR employees need to know about the ADEA:

It doesn't apply to every company. The ADEA only applies to businesses with at least 20 employees working every workday for at least 20 weeks out of the year. If you have 19 employees, the ADEA does not apply to your company. If you're not sure which employees count in the total, contact a business and employment lawyer.

It doesn't apply to every employee. The ADEA protects employees aged 40 and over; however, it does not protect executives over the age of 65 who have been in that position for at least two years and who will, upon retirement, be immediately entitled to an annual retirement benefit of at least $44,000. For example, if your CEO has a retirement plan that will provide her with $50,000 per year immediately upon retirement, and she is 72 years old and has been CEO for three years, she is not protected by the ADEA. Note that this exception does not apply to middle management; it only applies to the highest level employees. The ADEA also does not apply to police officers or firefighters who may have mandatory age requirements, or to employees whose jobs require "bona fide occupational qualifications" that cannot be met by those 40 and up.

It promotes equal access and prohibits discrimination and harassment. You and your management cannot fire employees covered by the ADEA because they are 40 or older. You also cannot use their age as a reason to demote them or deny them promotions. The ADEA also protects them from harassment because of their age. HR departments should make sure to educate the staff about what harassment means.

It requires posted notices in the workplace. The notices must be posted in areas that they will be easily seen by employees, potential employees, and union workers.

It requires solid recordkeeping. You must maintain employee records for at least three years with all the employee's personal details as well as records of their hiring, firing, promotions, demotions, transfers and layoffs. Failure to maintain these records could land your business in trouble, as the EEOC will ask for them if an employee files a charge under the ADEA.

An ADEA lawsuit can be costly and can harm your company's reputation, even if the suit has no basis. The law in the area of age discrimination is very nuanced, and in forming your company's policies, you should consult with experienced employment attorneys who routinely represent businesses. Ensure your HR compliance Dallas TX with respect to the ADEA by contacting Simon | Paschal PLLC at (972) 893-9340. We can help draft employee handbooks and help train HR staff on the ADEA and other areas of employment law.


Street Talk

No comments present
You May Also Like
Employee Privacy – What Employers Can Monitor Under the Law
Whenever a question about an employee’s right to privacy in the workplace arises, it’s best to start by analyzing the context. It is important to classify the rights that may be at risk, as well as separating the kind of technology being used. While an employer’s policies may abolish an…
By: davidjack2 in  Legal  >  Employment Law   Feb 17, 2016  
0
  Likes: 0

Employment Lawyers Dallas Tx: Let's Talk About Retaliation Claims
Our employment lawyers Dallas TX know that most business owners do their best not to discriminate and to provide reasonable accommodation to their employees. However, many business owners do not consider the prospect of a retaliation claim on top of the underlying complaint. Retaliation claims can result in a double…
By:  in  Legal  >  Employment Law   Jan 21, 2016  
0
  Likes: 0

Employment Law Dallas Tx: What Employers Need To Know About The ADA
One of the most important developments in employment law in Dallas TX and in the rest of the United States, the Americans With Disabilities Act (ADA), turns 25 this year. The ADA was a boon to mentally- and physically-disabled workers seeking employment or seeking protection from losing employment based on…
By:  in  Legal  >  Employment Law   Aug 29, 2015  
0
  Likes: 0

Employment Law Dallas Tx: What Qualifies As Workplace Harassment
Could employment law in Dallas TX be the answer to your workplace harassment problems? Many believe harassment in the workplace is limited to unwanted sexual advances, but there are additional ways one can be victimized at work other than sexual harassment. Harassment situations often go on too long because the…
By:  in  Legal  >  Employment Law   Aug 26, 2015  
0
  Likes: 0

Let Probate Attorney Newport Beach Draft Your Will
Are you planning to initiate the process of asset distribution? Looking for a helping hand? If yes, then you need not worry because Probate attorneys are always ready to assist you. Probate is a legal process wherein, the court decides whether a Will is valid or not. A process in…
By: Robertstrustprobatelaw in  Legal  >  Employment Law   Oct 27, 2015  
0
  Likes: 0

The Essence Of Making Use Of Bankruptcy Attorney Toledo
One of the most harassing things that most of the people face during your financial career is to face bankruptcy. Most of the time, people find themselves ashamed to call themselves bankrupt, or find that did not have the adequate amount of money to even higher the appropriate people for…
By: jamesstew in  Legal  >  Employment Law   Dec 24, 2013  
0
  Likes: 0

Employment Law In Dallas, Tx: Common Issues for Employers
Running a business can be stressful. Along with hiring employees and ensuring that they are doing their work properly, you have to do what you can to make sure they remain happy and have no reason to complain about their job. While you may try to please them all, there…
By:  in  Legal  >  Employment Law   Nov 05, 2015  
0
  Likes: 0

Immigration Services Dallas: Military Service Can Lead To Citizenship
Immigration Services DallasIf you are a permanent resident and you enter the U.S. military, you may be eligible for citizenship based on your service. As part of our immigration services in Dallas, The Christensen Law Firm P.C. can give you information and help if you decide to seek naturalized citizenship…
By: Drew R. Smith in  Legal  >  Employment Law   Jul 06, 2015  
0
  Likes: 0

Responding to Sexual Harassment at the Workplace
Before we delve into a discussion about what exactly employees should do when they feel that they’re being sexually harassed at the workplace, it behoves us to first clarify what sexual harassment actually is. What is sexual harassment? Sexual harassment is any unwelcome conduct that is sexual in nature and…
By: davidjack2 in  Legal  >  Employment Law   Sep 22, 2015  
0
  Likes: 0

Business Law Dallas Tx: Protect Your Business
In the event of injury, catastrophe, or any life-threatening event, you need business law in Dallas TX on your side. In an effort to be prepared for the worst, smaller businesses, in particular, should take steps to build a strong safety net that more-than-adequately protects your business. Preventing incidents in…
By:  in  Legal  >  Employment Law   Aug 26, 2015  
0
  Likes: 0

The Use Of Chapter 7 Attorney Toledo
Your need in order to get the best possible attorney is entirely determined by the overall aspects of a financial crisis. The advice on the council will actually devolve upon the type of bankruptcy state that the person can claim himself or herself to be. It is the usefulness of…
By: jamesstew in  Legal  >  Employment Law   Dec 24, 2013  
0
  Likes: 0

Insurance Claims Can Be Settled Through Help Of Lawyers Working on Commission Basis
If we own a vehicle of any sort be it bike car or truck, we need to get it insured from several risks including theft and accident. After any accident happens that brings damage to your property, the insurance company sends in their team which evaluates the claim. The percentage…
By: albertjhon in  Legal  >  Employment Law   Feb 20, 2015  
0
  Likes: 0

Business Law Dallas Tx: Get Help From the Experienced
As all other elements of life and work change and progress, so does business. Thus, businesses in Dallas TX are born and evolve. This means the business law in Dallas TX has to change to suit new potential litigation. Though the law is sometimes slow to catch up, having an…
By:  in  Legal  >  Employment Law   Sep 08, 2015  
0
  Likes: 0

Stock Market Investment is the Greatest Way to Put Your Hard Earned Money to Benefit You
This is actually the most elementary, elemental of all investment ideas for beginners. If you are not in the stock market, you will need to be. If you should be out of the market, you're out of the money. It really is that simple. But, it's very important if you…
By: Maria Susan in  Legal  >  Employment Law   Apr 16, 2015  
0
  Likes: 0

Discriminations In the Workplace In Dallas, Tx: Types Of Discrimination
discrimination in the workplace dallas txDiscrimination in the workplace in Dallas, TX can disrupt a business in a number of ways: it makes employees miserable, reduces productivity, and leads to expensive lawsuits. Business owners should be aware of the different types of workplace discrimination and take steps to prevent management…
By:  in  Legal  >  Employment Law   Dec 28, 2015  
0
  Likes: 0

Article Views: 468    Report this Article