Age Discrimination In Idaho

Age discrimination in employment is against state and federal laws. Active employees who are 40 years of age and older are protected under several state and federal laws against discriminatory acts in the workplace. Employment applicants, who are within the same age group, who are looking to find a job with a private or public employer are also protected.

Definitions of Discrimination Laws

Discrimination laws help protect people who are 40 and older in many aspects related to employment. Listed below are some actions that are prohibited by state and federal laws:

• Denying employment based on age
• Denying the promotion of an employee based on age
• Denying mandatory retirement                                                        
• Layoffs or employment terminations because of age
• Discriminatory pay based on age
• Unfair privileges or conditions of employment for older employees
• Advertising job opportunities with preference to a younger age group or a limitation based on age
• Failure to refer someone for employment based on age

Bona Fide Occupational Qualification

Bona Fide Occupational Qualification (BFOQ) is an exception to the law. There are many strict rules and preconditions before legally installing a BFOQ in a workplace. An employer must prove that an age limit is justly necessary in the structure of the business. The employer must also show that all the individuals within the specified age group will not be able to perform the required tasks and that a specific disability in the age group in question will be detected (during application) through a test. Tests may be practiced as selection devices other than setting an age as a limiting criterion. The test used must not cause any physical or psychological harm to the individual being tested. 

Enforcing Discrimination Laws

The federal government and the state of Idaho take equal work in processing cases where these set of anti-discriminatory laws have been violated in a workplace.There are two separate agencies that enforce discrimination laws in the workplaces. The Idaho Commission on Human Rights is a state agency that administers federal and state anti-discrimination laws; such as enforcing Title 67, Chapter 59 of the Idaho Code, which restricts discrimination in workplaces based on religion, sex, race, color, disability, age and national origin. The Equal Employment Opportunity Commission (EEOC) is a federal agency that specifically enforces Age Discrimination in Employment Act of 1967 (ADEA).