Age Discrimination Law Summaries

Age discrimination in employment is prohibited by Georgia's fair employment practices law (Georgia Code Annotated, Title 45, Chapter 19, Article 2 --reported at 11-2500) and by a specific age discrimination law (Georgia Code Annotated, Title 34, Chapter 1), which is summarized below. However, see 11-2500 for any provisions that may apply under the state's fair employment practices law.

C0VERAGE

Georgia's age discrimination law covers persons, firms, associations, and corporations carrying on or conducting within the state of Georgia any business requiring the employment of labor (Sec. 34-1-2).

EXCEPTIONS

Compulsory retirement

Georgia's age discrimination law does not affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of the law. When the retirement or insurance benefit program of any employer prohibits the employment of any person because of excessive age, the person has the authority, as a condition of employment, to waive the right to participate in any such program and receive any benefits from the program (Sec. 34-1-2).

Bona fide executive/high policy-making position

Georgia's age discrimination law does not prohibit compulsory retirement of any employee who has attained 65 years of age but not 70 years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans, of the employer of such employee, that equals, in the aggregate, at least $27,000 (Sec. 34-1-2).

WHAT THE EMPLOYER MUST DO

No person, firm, association, or corporation carrying on or conducting within the state of Georgia any business requiring the employment of labor may refuse to hire, employ, or license, nor may such person, firm, association, or corporation bar or discharge from employment any individual between the ages of 40 and 70 years, solely upon the ground of age, when the reasonable demands of the position do not require such an age distinction, provided that such individual is qualified physically, mentally, and by training and experience to perform satisfactorily the assigned or applied-for labor (Sec. 34-1-2).

PENALTIES

Any person or corporation who violates any provision of Georgia's age discrimination law is guilty of a misdemeanor and, upon conviction, will be punished by a fine of not less than $100 nor more than $250 (Sec. 34-1-2).

This is a summary of Age Discrimination Laws in Florida.