Age Preference in Electrical Contract Violates State Law
A provision in an electrical workers union contract giving preferences to older journeymen workers, while not in conflict with federal age discrimination laws, violated the Minnesota Human Rights Act (MHRA), which bars any discrimination "based on age," according to the U.S. Court of Appeals of the Eighth Circuit.
In September 2002, Ace Electrical Contractors Inc., Minneapolis, terminated two journeyman wiremen as part of a planned reduction in force. Both workers were over age 50. The International Brotherhood of Electrical Workers, Local 292, filed a grievance, claiming the terminations violated the union contracts protections for older workers. The contract provided that: "In all shops employing four or more employees, every fifth journeyman wireman, if available, shall be fifty years of age or older. Referrals and layoffs for reduction-in-force shall conform to this age ratio."