The Age Discrimination Employment Act

The Age Discrimination Employment Act (ADEA) was established in 1967 in response to an ever growing problem of older employees being discriminated against in the workplace because of their age. It specifically protects employees who are 40 years of age or older. It is applicable in businesses where there are 20 or more employees, and governs both employment and potential employment (job applicants). This act makes it illegal to discriminate against an older employee with regard to promotion, benefits, hiring and firing, layoffs, pensions, training, job assignments and a host of other issues. The ADEA also prohibits an employer from retaliating against any employee who should have the courage to accuse an employer of age discrimination or if they should participate, in any capacity, in the litigation process of the charge.

Fast Facts

  • A job notice or advertisement may specify an age limit only in situations in which it can be shown to be a "bona fide" occupational qualification reasonably necessary to the normal operation of the business.
  • If an employer asks an employee to waive their right to a claim under the ADEA it must, but is not limited to, be in writing, show no prejudice to future claims, must advise the employee to seek consultation from a legal professional, and allow the employee up to 7 days to change their mind once they have signing the waiver.
  • In Fiscal Year 2008, EEOC received 24,582 charges of age discrimination.

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