Older Workers Benefit Protection Act

Question 1

What is the applicability of the OWBPA?

Answer 1

Must have > 20 employees.

Question 2

What are the differences between the OWBPA and Title VII?

Answer 2

OWBPA is based on FLSA of 1935; no class actions; no compensation; no punitive damages; no caps; disparate impact; RIFs are not bullet-proof; “but for” age - no termination, no promotion, etc.