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PHR · Question #19

As an HR Professional you must be familiar with several laws and pieces of legislation that affects your practices. What act makes it illegal to discriminate against older workers with respect to bene

The correct answer is A. OWBPA. The Older Workers Benefit Protection Act (OWBPA) specifically prohibits age-based discrimination in employee benefits and protects workers aged 40 and older from being targeted in layoffs.

Employee and Labor Relations

Question

As an HR Professional you must be familiar with several laws and pieces of legislation that affects your practices. What act makes it illegal to discriminate against older workers with respect to benefits or to target older workers for layoffs?

Options

  • AOWBPA
  • BOASDI
  • CHIPAA
  • DMHPA

How the community answered

(12 responses)
  • A
    75% (9)
  • C
    8% (1)
  • D
    17% (2)

Why each option

The Older Workers Benefit Protection Act (OWBPA) specifically prohibits age-based discrimination in employee benefits and protects workers aged 40 and older from being targeted in layoffs.

AOWBPACorrect

The OWBPA is a 1990 amendment to the Age Discrimination in Employment Act (ADEA) that explicitly prohibits employers from denying or reducing benefits to employees based on age and bars the practice of singling out older workers for reductions in force. It also establishes strict requirements for any waiver of ADEA rights, such as those included in severance agreements, ensuring such waivers are knowing and voluntary. These protections are unique to the OWBPA and go beyond the original ADEA's scope.

BOASDI

OASDI (Old Age, Survivors, and Disability Insurance) is the federal Social Security program providing retirement and disability benefits and contains no employment anti-discrimination provisions.

CHIPAA

HIPAA (Health Insurance Portability and Accountability Act) governs the privacy, security, and portability of health information and insurance coverage, not age discrimination in employment practices.

DMHPA

MHPA (Mental Health Parity Act) requires parity between mental health and medical or surgical benefit limits in employer health plans and has no connection to age-based employment discrimination.

Concept tested: Older Workers Benefit Protection Act provisions and protections

Source: https://www.eeoc.gov/statutes/older-workers-benefit-protection-act

Topics

#OWBPA#age discrimination#employee benefits#layoffs

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