What defines age discrimination at work?

On Behalf of | Feb 3, 2025 | Employment Discrimination

Age discrimination in the workplace occurs when an employer treats an individual unfavorably due to their age. In Hawaii, both state and federal laws protect employees from such discriminatory practices.

Hawaii State Law

Under Hawaii Revised Statutes § 378-2, it is unlawful for an employer to refuse to hire, discharge, or discriminate against any individual in compensation or other terms of employment because of the individual’s age. This protection applies to all employees, regardless of age.

Federal Law

The federal Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals aged 40 and older. The ADEA applies to employers with 20 or more employees and covers various aspects of employment, including hiring, promotions, layoffs, and benefits.

Examples of Age Discrimination

Age discrimination can manifest in several ways, such as:

  • Refusing to hire qualified candidates because they are deemed “too old.”
  • Promoting younger employees over older, more experienced ones without valid reasons.
  • Implementing policies that disproportionately affect older workers, unless justified by a bona fide occupational qualification (BFOQ).

Understanding age discrimination can help you exercise your rights.

Exceptions

In certain situations, age can be considered a BFOQ, meaning that age is a legitimate requirement for a particular job. For instance, if a job necessitates a certain level of physical fitness that typically diminishes with age, an employer might lawfully set age limits. However, these exceptions are narrowly defined and must be essential to the business’s operation.

Your Rights

If you believe you’ve experienced age discrimination, it’s important to know that laws are in place to protect you. You have the right to work in an environment free from discrimination, and there are legal avenues to address any violations.