Certain bona fide executives are partially exempt from the protections of the Age Discrimination in Employment Act (ADEA). Learn more about this exemption and how it applies.
Table of Contents
Question
Certain bona fide executives are partially exempt from the protections of which act?
Answer
Age Discrimination in Employment Act. Age discrimination is permissible under the Age Discrimination in Employment Act (ADEA) if age is a bona fide occupational qualification for reasons that are reasonably necessary to the normal operation of the enterprise.
Explanation
The ADEA generally prohibits employment discrimination against people who are age 40 or older. However, there is a limited exemption for certain bona fide executives.
Under the ADEA, it is not unlawful for an employer to take an action otherwise prohibited by the law if age is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the particular business.
This BFOQ exemption can apply to bona fide executives in certain situations where age is deemed an essential qualification for the executive role based on the specific requirements and nature of the position and the normal operations of the business. The employer bears the burden of proving the BFOQ is reasonably necessary.
However, this is a very narrow exemption that is construed strictly. An employer asserting a BFOQ defense has the burden of proving that:
- The age limit is reasonably necessary to the essence of the business, and
- There is a factual basis for believing that all or substantially all individuals excluded from the job involved are in fact disqualified, or some of the individuals so excluded possess a disqualifying trait that cannot be ascertained except by reference to age.
So in summary, while the ADEA broadly prohibits age discrimination, certain bona fide executives are partially exempt from its protections if the employer can meet the high bar of demonstrating age is a BFOQ reasonably necessary to the essence of the particular business. But this is a limited, fact-specific exemption construed narrowly by the courts.
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