Human Resource Blog

ADEA in Arizona

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Employment Training
Employee Warning Notice Employee Counseling Report Performance Improvement Plan Forklift Safety Kit

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

How does the ADEA impact our shop in Arizona if we do not want to hire older workers because we are close to a college?

If you are in a position where you would rather hire younger workers because of your proximity to a college, you should be aware that it would be illegal for you to discriminate against older workers simply because of their age. The Age Discrimination in Employment Act certainly applies to your shop, as long as your shop qualifies for coverage under the Act.

Anytime you make your hiring decisions, it is not only important for you to pay attention to the ADEA anti-discrimination laws, but you also need to be aware of Title VII, which prohibits employers from discriminating against employees and potential employees with regards to race, religion, national origin and other physical characteristics. As a result of these Acts, employers are required to engage in fair hiring practices.

As far as the ADEA goes, this Act is in place to prohibit employers from discriminating against workers that are aged 40 or more. The purpose of the Act is to ensure that workers are hired because of their ability to perform the job duties, rather than their age.

Not all employees are covered by the Act. In order to be covered, employees must meet the following criteria:

• They must have 20 or more employees that are engaged in interstate commerce. Those employees need to work for at least 20 calendar weeks of the current or preceding calendar year.
• The employers can be labor organizations, employment agencies, and government offices for the federal, state, or local governments.

You might want to check these requirements against the size and the geography of your shop.

Also, it would be illegal for you to hire workers or advertise a job to workers of any age, unless the job specifically requires that the worker be a certain age. For example, it is illegal to post a job announcement that says the job is “perfect for students.” CB