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Age Discrimination in Employment

Age Discrimination in Employment Act (ADEA)

What does the Age Discrimination in Employment Act (ADEA) govern?

It is unlawful for an employer, employment agency or Labor Union to discriminate in employment against anyone because of his or her age. This includes refusing to hire an individual or firing an employee. It also includes an individual`s compensation, terms, conditions or privileges of employment and all employee benefits.

Who is covered by the Age Discrimination in Employment Act?

The ADEA applies only to persons who are over 40. There is no upper age limit. The ADEA applies to employment practices in both the private and the public sector, including employment agencies and Labor Unions. Using age is not unlawful where age is a bona fide occupational qualification reasonably necessary to the normal operation of the job. Also, state and local governments may use age as a basis for hiring and retiring law enforcement officers, prison guards and firefighters.

How is an employee protected from age discrimination?

Under the Federal Age Discrimination in Employment Act (29 U.S.C. 621 to 634), a worker over the age of 40 is protected against discrimination for age reasons, including being forced to retire. The Act is enforced by the EEOC. The employee must have been performing their job in a way that met their employer`s expectations up until the point of alleged discrimination.

What administrative body may impose remedies for a violation of the Age Discrimination in Employment Act?

Complaints are to be sent to the Equal Employment Opportunity Commission (EEOC) within 180 days of the occurrence of the discriminatory act, unless the alleged misconduct occurred in a state that has an age anti-discrimination agency. If so, charges should be filed within 300 days of the alleged unlawful practice or within 30 days after receipt of notice that the state proceedings have been terminated; whichever is earlier. Any individual civil action may be filed 60 days after a charge has been filed with EEOC or state deferral agency. There is a statute of limitation on lawsuits of 2 years. Three years for willful violations.

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