Get The Help You Need 100% Confidential
${site.data.firmName}${SEMFirmNameAlt}
FREE Initial Phone Consultation Call
(317) 955-9500

Employee protected under the ADEA

Indiana residents who have faced age discrimination will be happy to learn that the U.S. Court of Appeals has ruled that a 65-year-old employee, who was forced into retirement, is protected by the Age Discrimination in Employment Act.

According to reports, the former employee was forced to retire by the State Department simply because he turned 65. The discriminated employee was a U.S. citizen who worked as a safety inspector for the U.S. embassy in Paris. He was hired as locally employed staff. Because of his status as locally employed, the State Department tried to claim that the age discrimination protection laws did not apply. The State argued that he was exempt because he was hired in France and under a contract that followed the common French practice of mandatory retirement at the age of 65.

Unfortunately, a lower court agreed with the department and dismissed the suit. Thankfully, the appellate court reversed the decision and returned the case to the lower court for further action consistent with the new ruling.

In the end, the exemption did not apply because the employee was a U.S. citizen employed by a federal agency. The wrongfully terminated employee plans to demand lost wages when the case resumes.

The Age Discrimination in Employment Act protects workers that are age 40 and older from age based discrimination. The Act applies to all workplaces with 20 or more employees, including employment agencies and the state and federal government. A person who has filed a claim under the ADEA may seek reinstatement and promotion, lost wages and benefits, money damages and attorney fees.

Source: The Washington Post, "Court rules against State Dept. in age bias case," August 7, 2012

No Comments

Leave a comment
Comment Information
Email Us For A Response

Need Help?

Let us know today. Our experienced attorneys want to help you.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

John H. Haskin & Associates, LLC
255 North Alabama Street
Suite 200
Indianapolis, IN 46204

Phone: 317-426-6995
Fax: 317-955-2570
Indianapolis Law Office Map

  • Mon-Fri
  • 8:00 AM - 5:00 PM
  • Sat-Sun
  • Closed
Review Us