What is Age Discrimination in the Employment Act?

The Age Discrimination in Employment Act (ADEA) is a federal law in the United States that prohibits employment discrimination against individuals who are 40 years of age or older. It was enacted in 1967 and is designed to protect older workers from discrimination in the workplace. The ADEA makes it illegal for employers to discriminate against employees or job applicants on the basis of their age in various aspects of employment, including hiring, firing, promotions, compensation, job assignments, and other terms and conditions of employment.

Key provisions of the ADEA include:

Prohibiting Discrimination: The ADEA prohibits employers from discriminating against employees or job applicants on the basis of their age. It applies to employers with 20 or more employees and covers a wide range of employment practices.

Equal Treatment: The ADEA requires that older workers are treated equally with their younger counterparts in all employment-related matters, as long as they are equally qualified for the job.

Retaliation: The ADEA also makes it unlawful for employers to retaliate against individuals who assert their rights under the act.

Exceptions: While the ADEA generally prohibits age discrimination, there are certain exceptions. For example, employers can take age into account when it is a bona fide occupational qualification (BFOQ) or when age is a legitimate factor in employment decisions.

Waivers and Severance Agreements: The ADEA places certain requirements on waivers and agreements that involve the rights or claims of older workers, especially in cases of layoffs, downsizing, or severance packages.

Remedies: The ADEA provides remedies for individuals who have been victims of age discrimination, including reinstatement, back pay, and liquidated damages in cases of willful violations.

The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC), which is responsible for investigating and addressing complaints of age discrimination in the workplace. It is an important piece of legislation aimed at promoting equality and fairness for older workers in the job market.