Defenses
Section 623 of the Age Discrimination in Employment Act discusses the defenses to ADEA claims as follows:
- Employers may enforce waivers of age discrimination claims made without EEOC or court approval if the waiver is "knowing or voluntary." Blakeney v. Lomas Information Systems, Inc. (5th Cir. 1995) 65 F3d 482, 484.
- Valid arbitration agreements between employers and employees covering the dispute are subject to compulsory arbitration and no court action can be brought. Gilmer v. Interstate/Johnson Lane Corporation (1991) 500 US 20, 26, 111 S.Ct. 1647, 1652.
- Employers can discharge or discipline an employee for "good cause," regardless of the employee's age.
- Employers can take an action based on "reasonable factors other than age."
- Bona fide occupational qualifications, seniority systems, employee benefit or early retirement plans.
- Voluntary early retirement incentives.
Read more about this topic: Age Discrimination In Employment Act
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“We are a nation of politicians, concerned about the outmost defenses only of freedom. It is our children’s children who may perchance be really free.”
—Henry David Thoreau (1817–1862)