The Age Discrimination in Employment Act (ADEA) is a federal law in the United States that protects individuals who are 40 years of age or older from employment discrimination based on age. Here are the key points summarising the ADEA:
- Prohibited Practices: The ADEA prohibits employers from discriminating against employees or job applicants based on their age in any aspect of employment, including hiring, firing, promotions, layoffs, compensation, benefits, job assignments, and training.
- Coverage: The ADEA applies to employers with 20 or more employees, including state and local governments, employment agencies, labour organisations, and the federal government. It also applies to U.S. citizens working for American companies abroad and foreign companies operating in the U.S. with 20 or more employees.
- Protected Individuals: The ADEA protects individuals who are 40 years of age or older. It is unlawful for employers to make decisions based on age-related stereotypes or assumptions.
- Exceptions: The ADEA allows employers to favour older workers over younger workers, even if both are over 40 years old. However, policies that disproportionately harm older workers could be subject to legal scrutiny.
- Retaliation Protections: The ADEA prohibits retaliation against individuals who file age discrimination complaints, participate in investigations, or oppose discriminatory practices.
- Enforcement: The Equal Employment Opportunity Commission (EEOC) enforces the ADEA by investigating complaints of age discrimination. Individuals who believe they have been discriminated against based on age must typically file a charge with the EEOC before filing a lawsuit.
- Remedies: If age discrimination is proven, remedies may include reinstatement, back pay, promotion, compensatory damages, and attorney’s fees.
The Age Discrimination in Employment Act aims to promote equal opportunities in employment for older workers and prevent discrimination based on age in the workplace. It is an important federal law that provides protections against age-based discrimination for workers aged 40 and older.
The ADEA is a federal law that prohibits employers from discriminating against employees and job applicants who are 40 years of age or older.
The ADEA protects employees and job applicants who are 40 years of age or older from discrimination based on their age.
Age discrimination can include decisions related to hiring, firing, promotions, pay, benefits, and other terms and conditions of employment.
Employers are generally prohibited from asking about an applicant’s age or using age as a factor in hiring decisions, unless age is a bona fide occupational qualification for the position.
If you believe you have been a victim of age discrimination, you should first try to resolve the issue internally with your employer. If that is not successful, you may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).
Victims of age discrimination may be entitled to back pay, reinstatement, promotion, or other forms of relief to make them whole.
Employers can offer early retirement packages or incentives to older employees as long as the programs are voluntary and not used to discriminate against older workers.
There are limited exceptions to the ADEA’s protections, such as when age is a bona fide occupational qualification for a particular job.
In most cases, employers cannot require older workers to retire at a certain age, unless age is a bona fide occupational qualification for the position.
In most cases, you have 180 days from the date of the alleged discrimination to file a charge of discrimination with the EEOC.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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