Are employers allowed to set different standards or expectations for employees based on their age?

In North Dakota, the answer to this question depends on the circumstances. Discrimination based on age is prohibited under the Age Discrimination in Employment Act (ADEA), which applies to employers with at least 20 employees. This law makes it illegal for employers to set different standards or expectations for employees based on their age. However, there are certain limited exceptions in which an employer can set different standards or expectations for employees based on their age, such as a bona fide occupational qualification (BFOQ). A BFOQ refers to situations in which an employer can hire or promote a person for a certain position based on age if it is reasonably necessary for the normal operation of the business. Examples of this include hiring a minor to work in a retail store or a person over the age of 60 in a managerial position. In North Dakota, employers are prohibited from discriminating against employees based on age in any way, shape, or form, including setting different standards or expectations. It is important to note that this applies to all employees regardless of age, and any form of age discrimination is illegal. Those who feel that they have been discriminated against due to their age should contact their local employment office for more information.

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