(a) It is not a violation of this chapter for an employer, employment agency, or labor organization to:(1) Discriminate in employment on the basis of age where age is a bona fide occupational qualification reasonably necessary to the normal operation of the business, or where the differentiation is based on reasonable factors other than age; or(2) Observe the terms of a bona fide seniority system or a bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this chapter, except that no such employee benefit plan must excuse the failure to hire an individual, and no such seniority system or employee benefit plan must require or permit the involuntary retirement of an individual who is at least forty (40) years of age because of the age of the individual, unless otherwise provided by law.
(1) Discriminate in employment on the basis of age where age is a bona fide occupational qualification reasonably necessary to the normal operation of the business, or where the differentiation is based on reasonable factors other than age; or
(2) Observe the terms of a bona fide seniority system or a bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this chapter, except that no such employee benefit plan must excuse the failure to hire an individual, and no such seniority system or employee benefit plan must require or permit the involuntary retirement of an individual who is at least forty (40) years of age because of the age of the individual, unless otherwise provided by law.
(b) The prohibitions imposed by this chapter relating to age discrimination in employment are limited to discriminatory practices against individuals who are at least forty (40) years of age.
(c) Notwithstanding this chapter relating to age discrimination in employment, it is not a violation of this chapter for an employer, employment agency, or labor organization subject to this chapter to observe the terms of a bona fide seniority system or a bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this chapter, except that such employee benefit plan must not excuse the failure to hire an individual, and such seniority system or employee benefit plan must not require or permit the involuntary retirement of an individual covered by this chapter because of the age of the individual.
(d) The provisions of this chapter relating to age discrimination do not prohibit compulsory retirement of an employee who has attained sixty-five (65) years of age and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or a combination of such plans, of the employer of such employee, that equals, in the aggregate, at least forty-four thousand dollars ($44,000).
(e) (1) It is not a violation of this chapter for an employer subject to this chapter to fail or refuse to hire or to discharge an individual because of the individual's age if such action is taken:(A) With respect to the employment of an individual as a firefighter or a law enforcement officer and the individual has attained the age of hiring or retirement in effect under applicable state or local law on March 3, 1983; and(B) Pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade this chapter.(2) As used in this subsection (e), unless the context otherwise requires:(A) “Firefighter” means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and(B) “Law enforcement officer” means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against state criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purposes of this subdivision (e)(2)(B), “detention” includes the duties of employees assigned to guard individuals incarcerated in a penal institution.(3) This subsection (e) does not apply to a cause of action arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.), as in effect before January 1, 1987.
(1) It is not a violation of this chapter for an employer subject to this chapter to fail or refuse to hire or to discharge an individual because of the individual's age if such action is taken:(A) With respect to the employment of an individual as a firefighter or a law enforcement officer and the individual has attained the age of hiring or retirement in effect under applicable state or local law on March 3, 1983; and(B) Pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade this chapter.
(A) With respect to the employment of an individual as a firefighter or a law enforcement officer and the individual has attained the age of hiring or retirement in effect under applicable state or local law on March 3, 1983; and
(B) Pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade this chapter.
(2) As used in this subsection (e), unless the context otherwise requires:(A) “Firefighter” means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and(B) “Law enforcement officer” means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against state criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purposes of this subdivision (e)(2)(B), “detention” includes the duties of employees assigned to guard individuals incarcerated in a penal institution.
(A) “Firefighter” means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position; and
(B) “Law enforcement officer” means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against state criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purposes of this subdivision (e)(2)(B), “detention” includes the duties of employees assigned to guard individuals incarcerated in a penal institution.
(3) This subsection (e) does not apply to a cause of action arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.), as in effect before January 1, 1987.