Who Does the ADA Protect?
The Age Discrimination in Employment Act of 1967 (ADEA) protects applicants and employees who are 40 years of age or older from employment discrimination based on age.
Who Does the ADEA Cover?
The ADEA applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations and the federal government.
What Actions are Prohibited By the ADEA?
Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. Harassing an older worker because of age is also prohibited.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.
Employees who feel discriminated against due to age should consult the company's policies and procedures manual, which usually involves notifying human resources and/or management. Additionally, visit the EEOC to learn more about age discrimination and harassment in the workplace, or consult with an attorney specializing in employment and labor law.