Age Descrimination Employment Act ADEA

The Age Discrimination Employment Act of 1967 prohibits discrimination against persons who are 40 years of age or older in hiring, firing, promotions, layoffs, employment compensation, job benefits, job assignments, and job training.

The Age Discrimination Employment Act (ADEA) was passed to combat a rising tendency of employers to discriminate against older workers who had been displaced from other jobs. Specifically, the Age Discrimination Employment Act (ADEA) bars employers from setting of arbitrary age limits regardless of potential for job performance. The Act was also passed to promote employment of older persons based on their ability rather than age and to help older workers find new ways to eliminate the barriers of finding jobs.

Additionally, the Age Discrimination Employment Act (ADEA) has made it unlawful for an employer to discriminate in any way against a worker due to their age. This means the company cannot refuse to hire, or negotiate their compensation, employment terms, job conditions, or privileges of employment based on their age. They also cannot separate their employees according to age if this would adversely affect their status as an employee. Finally, the employer cannot lower the wage rate of any employee specifically based on their age.

Who is covered by the Age Discrimination Employment Act (ADEA)?

The ADEA specifically applies to workers who are forty years of age or older. Employers who have a workplace with more than 20 workers must also follow the terms of the law. The law also covers labor organizations, employment agencies, state and local governments, and the federal government.

When does the ADEA not apply?

There are legal reasons age limitations can be considered in employment. For example, if a company has a valid reason to implement age limitations because workers over a certain age are unable to perform the job safely, the company may impose age restrictions. Additionally, companies may also implement a seniority system which pays older workers more benefits and wages due to their expertise.

The law also recognizes that some employees may be treated differently for other reasons including their experience, education, or skills. Finally, the law also allows certain high level executives to be forced into retirement at age 65 if the company is providing a certain pension benefit.