Employers may discriminate against persons over the age of 40, if there is a bona fide occupational qualification for a certain job that makes performance difficult for older people.

Question

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The Age Discrimination in Employment Act (ADEA) allows employers to make employment decisions based on age if there is a legitimate occupational qualification that requires a certain age range. However, this exception is very narrow and closely scrutinized by courts.

Employers May Discriminate Against Persons Over the Age of 40