How to Legally Set Age Limits for Apprenticeship Programs
Check the Age Discrimination in Employment Act (ADEA) exceptions., Demonstrate the age limit is necessary., Evaluate the laws where the workplace is located.
Step-by-Step Guide
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Step 1: Check the Age Discrimination in Employment Act (ADEA) exceptions.
The ADEA itself sets out a few limited exceptions, and if you can prove that the age limit you've set for your apprenticeship program fits in one of those exceptions, the ADEA does not apply to you.Keep in mind that the ADEA only applies to employers with more than 20 employees.
However, your state may have a similar age discrimination law that applies to you even if your business is too small to fall under the ADEA.
Even if the ADEA does apply to you, it's important to also check your state law.
Remember that state law can provide greater protection for employees than federal law does. -
Step 2: Demonstrate the age limit is necessary.
This exception, related to the bona fide occupational qualification defense, is available if the age limit is "reasonably necessary" to the normal operations of your business or industry.The language of this exception is vague, and typically vagueness indicates that it can be interpreted in a number of different circumstances.
However, that isn't the case here.
Courts and government employees who work for administrative agencies that enforce the ADEA generally only allow employers to qualify for this exception in very rare circumstances.
One way in which this exception might come into play in the apprenticeship program context would be if you have a bona fide seniority system in place.
These seniority systems typically come into play in relation to mandatory retirement ages, but could affect upper age limits for apprenticeship programs as well. , Although this exception likely wouldn't apply to many American small-business owners, you aren't subject to ADEA requirements if the workplace is located in a foreign country with laws setting maximum age requirements in your industry.This exception only applies if employing people over the age of 40 in your apprenticeship program would violate the laws of the country where the workplace is located.
For this reason, it may be in your best interest to speak with an employment lawyer in the country where the workplace is located, rather than attempting to study foreign laws and workplace regulations yourself.
By the same token, the ADEA doesn't apply to a foreign corporation with a workplace in the United States, provided that workplace itself isn't controlled by a U.S.-based corporation. -
Step 3: Evaluate the laws where the workplace is located.
Detailed Guide
The ADEA itself sets out a few limited exceptions, and if you can prove that the age limit you've set for your apprenticeship program fits in one of those exceptions, the ADEA does not apply to you.Keep in mind that the ADEA only applies to employers with more than 20 employees.
However, your state may have a similar age discrimination law that applies to you even if your business is too small to fall under the ADEA.
Even if the ADEA does apply to you, it's important to also check your state law.
Remember that state law can provide greater protection for employees than federal law does.
This exception, related to the bona fide occupational qualification defense, is available if the age limit is "reasonably necessary" to the normal operations of your business or industry.The language of this exception is vague, and typically vagueness indicates that it can be interpreted in a number of different circumstances.
However, that isn't the case here.
Courts and government employees who work for administrative agencies that enforce the ADEA generally only allow employers to qualify for this exception in very rare circumstances.
One way in which this exception might come into play in the apprenticeship program context would be if you have a bona fide seniority system in place.
These seniority systems typically come into play in relation to mandatory retirement ages, but could affect upper age limits for apprenticeship programs as well. , Although this exception likely wouldn't apply to many American small-business owners, you aren't subject to ADEA requirements if the workplace is located in a foreign country with laws setting maximum age requirements in your industry.This exception only applies if employing people over the age of 40 in your apprenticeship program would violate the laws of the country where the workplace is located.
For this reason, it may be in your best interest to speak with an employment lawyer in the country where the workplace is located, rather than attempting to study foreign laws and workplace regulations yourself.
By the same token, the ADEA doesn't apply to a foreign corporation with a workplace in the United States, provided that workplace itself isn't controlled by a U.S.-based corporation.
About the Author
Sarah Myers
With a background in lifestyle and practical guides, Sarah Myers brings 11 years of hands-on experience to every article. Sarah believes in making complex topics accessible to everyone.
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