Many roofing contractors often are unsure of whether an
employment decision complies with the law. One particular concern
that faces roofing contractors as aging employees slide into their
50s is whether taking an employment action against an older
employee will lead to an age-discrimination lawsuit. However, such
a concern often is unfounded and stems from the fact that many
roofing contractors do not possess the necessary knowledge and
understanding of the Age Discrimination in Employment Act
(ADEA).
ADEA, which was enacted in 1967, applies to all employers with
20 or more employees. ADEA prohibits these employers from
discriminating against employees in terms, privileges and
conditions of employment on the basis of age. Those workers who are
40 years old or older fall into the protected class. Although
employers with fewer than 20 employees are not covered by ADEA,
they are not immune from liability for age discrimination because
employees still may file tort claims, such as for wrongful
discharge or intentional infliction of emotional distress, if they
believe they are victims of age discrimination.
Age discrimination can take many forms. It can consist of
age-related comments made by managers or executives accompanied by
some type of adverse employment action or decision, such as a
failure to grant a promotion, less-than-favorable employment
conditions or disciplinary proceedings. Age discrimination also may
consist of a pattern by which older workers are treated
differently. Or such discrimination may consist of an older worker
being selected to be laid-off while younger employees with less
experience are retained. The key to determining whether ADEA has
been violated is whether comments about age or age-discriminatory
actions were the reason or part of the reason for an...
Log in or register for FREE access to this article and other Professional Roofing online content.