[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1625.8]

[Page 322]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1625_AGE DISCRIMINATION IN EMPLOYMENT ACT--Table of Contents
 
                        Subpart A_Interpretations
 
Sec. 1625.8  Bona fide seniority systems.

    Section 4(f)(2) of the Act provides that

    * * * It shall not be unlawful for an employer, employment agency, 
or labor organization * * * to observe the terms of a bona fide 
seniority system * * * which is not a subterfuge to evade the purposes 
of this Act except that no such seniority system * * * shall require or 
permit the involuntary retirement of any individual specified by section 
12(a) of this Act because of the age of such individual. * * *

    (a) Though a seniority system may be qualified by such factors as 
merit, capacity, or ability, any bona fide seniority system must be 
based on length of service as the primary criterion for the equitable 
allocation of available employment opportunities and prerogatives among 
younger and older workers.
    (b) Adoption of a purported seniority system which gives those with 
longer service lesser rights, and results in discharge or less favored 
treatment to those within the protection of the Act, may, depending upon 
the circumstances, be a ``subterfuge to evade the purposes'' of the Act.
    (c) Unless the essential terms and conditions of an alleged 
seniority system have been communicated to the affected employees and 
can be shown to be applied uniformly to all of those affected, 
regardless of age, it will not be considered a bona fide seniority 
system within the meaning of the Act.
    (d) It should be noted that seniority systems which segregate, 
classify, or otherwise discriminate against individuals on the basis of 
race, color, religion, sex, or national origin, are prohibited under 
title VII of the Civil Rights Act of 1964, where that Act otherwise 
applies. The ``bona fides'' of such a system will be closely scrutinized 
to ensure that such a system is, in fact, bona fide under the ADEA.

[53 FR 15673, May 3, 1988]

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