Age discrimination is still rampant in the workplace even today. Older workers receive adverse actions due to their age. The employment commission reported that around 60% of employees above 45 years of age received discrimination in companies due to their age.
That is why OWBPA was passed to provide employee protection to older workers over the age of 40. It is a safety net for employees; this is why it is important to understand it properly. Here is a summary of the essential things you must know as an older worker.
What is OWBPA?
Older Workers Benefit Protection Act (OWBPA) is a law that was passed in 1990. It protects older employees by prohibiting discrimination based on age. If this act covers you, it is illegal for you to discriminate against an employee because of their age to decrease employee benefits, target older employees during staff reductions, and neglect to proceed with a certain process when requesting older employees to renounce their rights.
Who does OWBPA cover?
Employees over the age of 40 are covered under Older Workers Benefit Protection Act. And OWBPA applies to companies with 20 employees or more in total. So if you are within the 40 years age bracket and currently employed at a firm with a minimum of 20 people, then you are covered under the law.
What are your rights while making a severance agreement?
In the severance or early retirement agreement, the employer will request the worker to sign a document. This document consists of renouncing all the claims like worker discrimination claims. Companies are required to follow a certain process when requesting employees to sign waivers. If they are unable to follow that process specified by the OWBPA, then the waiver becomes inapplicable. If you get this agreement from your employer, then you should know that you have certain rights written in the law OWBPA. These rights include
- Companies should not pressurize workers to sign the waiver.
- During staff reduction, employers need to discuss it with the removed and who were kept.
- Waiver should be made. It is understandable even by an ordinary person
- Waiver should be straightforward and concise
- Everything should be in written form especially the claims releasing.
- It should be clearly mentioned in the waiver that agreeing to it means being released from their rights under the law
- Workers should be allowed to consult and discuss their waiver with a lawyer.
- In a group lay-off, workers should be allowed 45 days to contemplate the offer. While in the individual, the workers should be allowed a minimum of 21 days to think about the offer and around 7 days to cancel the document.
This means that you being an older worker, should be allowed a fair chance when signing a severance benefits agreement in return for giving up an age discrimination claim. They should be able to understand and evaluate their options and rights and discuss them with a lawyer. If they are unjustly being targeted in staff reductions, then they can file the discrimination claim.
Bottom line
You, as an employee, hold a right to consult an experienced and skilled lawyer who will help you out in these kinds of matters. If your rights are being violated under OWPBA, then you should contact a lawyer as soon as possible.
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