Does age classify under equal opportunity employment? At a local restaurant, they do not allow anybody who is under the age of 18 or still in highschool to serve. Absolutely no alcohol is served at the restarant. The reason for this policy is that “kids reach a certain maturity level at 18”. According to OSHA, “minors are not prevented from working at tasks which are not prohibited by other parts of these rules or the law in establishments where liquor is sold, served, dispensed, or handled in those rooms or areas where no liquor is consumed or served.” ( Minnesota Rule 5200.0910 ) However, is it allowable not to hire somebody just because their age doesn’t meet maturity standards?
Yes, it’s legal. Age discrimination laws only apply to discriminate against someone for being to old. (Granted, I’m not sure it explicitly states this. It’s just assumed because minors have fewer rights.) Just because it’s legal to employ minors doesn’t mean it’s required.
More specifically, the Age Discrimination in Employment Act only applies to people over 40.