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WHAT STATUTES PROHIBIT AGE DISCRIMINATION ?

An individual claiming age discrimination in Minnesota could claim violation of:
  • The federal statute entitled the Age Discrimination in Employment Act (ADEA). Its cite is 29 U.S.C. § 621-634.
  • The state statute entitled the Minnesota Human Rights Act (MHRA). Its cite is Minn. Stat. § 363.01, et. seq.
  • The state statute entitled the Minnesota Age Discrimination law. Its cite is Minn. Stat.
    § 181.81.

WHAT IS PROHIBITED?
ADEA

Under this statute, it is unlawful to do any of the following employment practices based upon age:
  • fail to hire
  • discharge
  • treat differently with respect to compensation,terms, condition or privileges of employment
  • reduce wage rates
  • print an advertisement which indicates discrimination
  • deprive of opportunities
  • fail to offer coverage under group health plans. MHRA
Under this statute it is unlawful to do any of the following employment practices based upon age:
  • fail to hire
  • discharge
  • treat differently with respect to hiring, tenure, compensation, terms, upgrading, condition, facilities or privileges of employment

MINN. STAT. § 181.81

Under this statute, it is unlawful to do any of the following employment practices based upon age:
  • refuse to hire
  • discharge or demote

REPORTING OR PARTICIPATION

It is also a violation of this statute to discriminate against an employee or applicant for opposing a claimed violation of the ADEA or the MHRA or for participating in an ADEA or MHRA investigation.

WHAT DOES A DECISION BASED UPON AGE MEAN?

In a discrimination claim the individual need not show that his/her age was the sole or exclusive reason for the employer's employment decisions, but only that his/her age was a motivating factor.

WHEN MUST I PURSUE MY CLAIM?

Each of these acts has time limitations for pursuing claims. Under the ADEA an individual must file an administrative charge with the EEOC within 300 days of the discriminatory act.

Under the MHRA an individual must file an administrative charge or a lawsuit within one year of the discriminatory act.

Under Minn. Stat. § 181.81, an individual must file a lawsuit within two years of the discriminatory act.

WHO DOES THE STATUTE APPLY TO?

ADEA

This statute prohibits discrimination against employees who are at least 40 years of age by employers who have at least 20 employees.

MHRA

This statute prohibits discrimination against employees who are over age 25 by employers with one or more employees; or

MINN. STAT. § 181.81

This statute prohibits age discrimination by private employers.

*THIS MATERIAL IS EDUCATIONAL ONLY. IT DOES NOT CONSTITUTE AND SHOULD NOT SUBSTITUTE FOR LEGAL ADVICE.