Employers can make business decisions based on other factors - like terminating employees because of seniority or high pay - even though this may affect more people who are older, if there is no intentional age discrimination. But the employer cannot have a hidden agenda and lay off people with more experience or higher salary just for the purpose of laying off older workers.
One of the three types of age-related employment discrimination that may be alleged: Age-Based Harassment - refers to the creation of a hostile work environment that has the effect of unreasonably interfering with his or her work performance.
One type of age-related employment discrimination that may be alleged: Discrimination by Disparate Impact - a facially neutral employment policy adversely affects the members of a protected group. Focuses on the consequences of an employment practice, not the purpose or motive.
An employer cannot require that an employee or an applicant pass a standardized general intelligence test as a condition of employment, where the test has an adverse impact on African-Americans and was not job-related.
The ADEA protects US Citizens working for US employers operating abroad except where it would violate the laws of that country MAHONEY v. RFE/RL, INC., 47 F.3d 447 (D.C. Cir. 1995)
WILLIAM G. MAHONEY, ROY S. De LON, APPELLEES v. RFE/RL, INC., APPELLANT.
Nos. 93-7134, 93-7144.
United States Court of Appeals, District of Columbia Circuit.
Argued November 23, 1994.
The ADEA applies even if some of the minimum 20 employees are overseas and working for a US Corporation. In a foreign company with foreign operation, if there is an American employer behind the scenes, the ADEA applies to US Citizens outside the US. Foreign companies and their subsidiaries operating in the US are subject to the ADEA.MORELLI v. CEDEL, 141 F.3d 39 (2nd Cir. 1998)