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> Apple noted that it has “a longstanding policy that directors generally may not stand for reelection after reaching age 75.” Why isn't this considered illega
by Wowfunhappy 3y ago
> Apple noted that it has “a longstanding policy that directors generally may not stand for reelection after reaching age 75.”
Why isn't this considered illegal age discrimination?
- paulryanrogers 3y agoAre board members employees?
- acdha 3y agoThe U.S. law in question applies to people under 70: https://uscode.house.gov/statviewer.htm?volume=92&page=189 https://uscode.house.gov/statviewer.htm?volume=92&page=189 There’s actually a fascinating bit of history behind this which I learned about on a recent podcast: https://www.si.edu/sidedoor/wrinkled-radicals https://www.si.edu/sidedoor/wrinkled-radicals
- tacticalturtle 3y agoThe cap at 70 was rescinded in 1986 though: https://www.congress.gov/bill/99th-congress/house-bill/4154#:~:text=Age%20Discrimination%20in%20Employment%20Amendments%20of%201986%20%2D%20Amends%20the%20Age,least%2040%20years%20of%20age https://www.congress.gov/bill/99th-congress/house-bill/4154#....
- deleted 3y ago[deleted]
- summerlight 3y agoBoard members are not necessarily employees in this context.
- Wowfunhappy 3y agoBut then are you allowed to have a written policy that says "only white people can be board members" or "only men can be board members", because they aren't employees? I'm honestly asking, I'm curious how this works!
- manderley 3y agoYou were already told why, seems you're not actually curious but want to make a weird point instead.
- hawaiianbrah 3y agoI thought the extension of their questioning was interesting, and I’m also curious…
- summerlight 3y agoYeah, I don't know how it works outside ADEA, which scope is limited to employees. It's interesting to dig into the case when board members are actually employees, so I just skimmed through the law and I found that ADEA does not protect bona fide executive or high policy-making role. Probably discrimination against other protected classes are prohibited by other laws.
- tharne 3y ago> Why isn't this considered illegal age discrimination? Because it's based on real risks and limitations associated with advanced age. I remember during the 2008 election when John McCain's age was brought up. There were survey's the showed the voters most concerned about his age were older voters, since they understand the decline that comes with aging firsthand.