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In an effort to recruit older workers for your company’s customer service unit, you submitted several help-wanted advertisements to local newspapers. Your ad copy said “Individuals over age 55 encouraged to apply.” To your surprise, two of the newspapers refused to publish your ad, saying that they were concerned the ads might be unlawful. Are they?
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Answer: |
Not under federal law. According to an informal discussion letter issued by the U.S. Equal Employment Opportunity Commission (EEOC), the Age Discrimination in Employment Act (ADEA) permits employers to advertise a preference for older workers. Previously, EEOC regulations stated that such advertisements were unlawful but, in 2004, the U.S. Supreme Court ruled in General Dynamics Land Systems, Inc. v. Cline that the ADEA only prohibits discrimination based on relatively older age and that employers do not violate the ADEA by favoring older workers over younger workers.
In July 2007, the EEOC amended its regulations to conform to Cline. The regulations now state: “Employers may post help wanted notices or advertisements expressing a preference for older individuals with terms such as over 60, retirees, or supplement your pension.”
Note, however, that while the ADEA does not prohibit employers from advertising for older workers, such advertisements may be prohibited by state or local law.
Source: ADEA: Job Advertisements Seeking Older Workers, issued July 11, 2007 by the U.S. Equal Employment Opportunity Commission.
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