The Age Discrimination in Employment Act (ADEA) is a federal law in the United States that prohibits age discrimination against employees who are 40 years old or older. It was enacted in 1967 with the aim of promoting equal employment opportunities for older workers and preventing unfair treatment based on age. The ADEA prohibits employers from discriminating against older workers in various aspects of employment, including hiring, firing, promotions, pay, and benefits. It also prohibits mandatory retirement based on age, except in certain limited circumstances. The ADEA applies to employers with 20 or more employees and provides remedies for individuals who have been subjected to age discrimination, such as back pay, reinstatement, and injunctive relief. Overall, the ADEA serves as an important protection for older workers in the workforce and helps to ensure fairness and equal opportunities for all employees regardless of age.
The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees or job applicants who are 40 years of age or older based on their age.
The ADEA protects employees and job applicants who are 40 years of age or older from age-based discrimination in the workplace.
The ADEA applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations, and the federal government.
Age discrimination can take various forms, including hiring, firing, promotions, pay, job assignments, layoffs, training opportunities, and any other employment-related decisions based on an individual’s age.
Generally, employers are prohibited from asking an applicant’s age or date of birth before making a job offer. However, they may ask for age-related information after a job offer has been made, as long as it is for a legitimate business reason.
No, employers cannot favor younger employees over older ones solely based on their age. Employment decisions must be based on qualifications, skills, and performance rather than age.
No, mandatory retirement based on age is generally prohibited under the ADEA. However, there are some exceptions for certain high-level executives or public safety positions.
Employers are allowed to provide different benefits or insurance rates based on age as long as the cost of providing the benefits to older employees is the same as or lower than the cost for younger employees.
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 fails, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or consult with an employment attorney.
If a court finds that age discrimination has occurred, remedies may include back pay, reinstatement, promotion, compensatory damages, and attorney’s fees. The specific remedies will depend on the circumstances of the case.
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: 12th April, 2024.
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