Age Discrimination Law Summaries

Age discrimination is prohibited in Alabama and the relevant law is codified in the Alabama Code at Title 25, Chapter 1, Article 3, enacted by H. 389, L. 1997, effective August 1, 1997.

DEFINITIONS

"Employer" means any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person (Sec. 25-1-20, H. 389, L. 1997, effective August 1, 1997).

WHAT THE EMPLOYER MUST DO

No employer may discriminate against a worker 40 years of age and over in hiring, job retention, compensation or other terms or conditions of employment (Sec. 25-1-21, H. 389, L. 1997, effective August 1, 1997).

More specifically, it is an unlawful employment practice for an employer to do any of the following (Secs. 25-1-22, 25-1-25, 25-1-26, 25-1-27 and 25-1-28, H. 389, L. 1997, effective August 1, 1997):

(1) fail or refuse to hire or discharge an individual, or otherwise discriminate against an individual with respect to compensation, terms, or privileges of employment, because of the age of the individual.

(2) limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive an individual of employment opportunities or to adversely affect the status of an individual as an employee, because of the age of the individual.

(3) discriminate against an individual because of age in admission to, or employment in, any program established to provide apprenticeship or other training.

(4) discriminate against an individual seeking a license or certification, or seeking to take or pass an examination, because of the age of the individual.

(5) print, or cause to be printed or published, any notice or advertisement relating to employment, apprenticeship or other training, indicating any preference, limitation, specification or discrimination of age.

(6) discriminate against an individual because that individual has opposed any practice that is an unlawful employment practice, or because that individual has made a charge, testified, assisted or participated in an investigation, proceeding or hearing under Alabama's age discrimination law.

ENFORCEMENT

Any person aggrieved may elect to pursue their remedies under Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act, or, alternatively, may bring a civil action in the circuit court of the county in which the person was or is employed for legal or equitable relief (Sec. 25-1-29, H. 389, L. 1997, effective August 1, 1997).

However, if an action is brought in the federal court, any action pending in the state court will be simultaneously dismissed with prejudice. Further, any party bringing action is entitled to one recovery of damages. Any damages assessed in one court will offset any entitlement to damages in any other state or federal court (Sec. 25-1-29, H. 389, L. 1997, effective August 1, 1997).

In any action, a person is entitled to a trial by jury of any issue of fact in any action for recovery of amounts owed as a result of a violation of Alabama's age discrimination law, regardless of whether equitable relief is sought by any party in the action (Sec. 25-1-29, H. 389, L. 1997, effective August 1, 1997).

A plaintiff is not required to pursue any administrative action or remedy prior to filing suit (Sec. 25-1-29, H. 389, L. 1997, effective August 1, 1997).