Alabama Age Discrimination laws & HR compliance analysis

Alabama Age Discrimination: What you need to know

The Alabama Age Discrimination in Employment Act prohibits employers with 20 or more employees from discriminating against employees and applicants who are 40 years of age or older (AL Code Sec. 25-1-20et seq.). Under the Act, it is unlawful to:
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• Discriminate in hiring, job retention, compensation, or other terms or conditions of employment on the basis of age.
• Limit, segregate, or classify employees or applicants for employment in any way that would deprive an individual of employment opportunities or adversely affect the status of an individual as an employee, because of the age of the individual.
• Discriminate against an individual because of age in admission to, or employment in, any program established to provide apprenticeship or other training.
• Discriminate against an individual seeking a license, certification, or seeking to take or pass an examination because of the age of the individual.
• Print or publish any notice or advertisement relating to employment, apprenticeship, or other training, indicating any preference, limitation, specification, or discrimination because of age.
• Discriminate against an individual because that individual has opposed any practice that is unlawful or has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act.
A state appellate court in Alabama ruled that a former employee failed to prove his employment termination violated the Alabama age discrimination law (Lambert v. Mazer Disc. Home Ctrs., 33 So.3d 18 (Ala. Civ. App. 2009)). After the employee in this case was discharged, his job duties were distributed among three employees, two who were older and one who was younger. The court ruled that ...

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