The Age Discrimination in Employment Act (ADEA) protects workers and job applicants age 40 and over from age-based discrimination in all aspects of employment. Passed in 1967, the ADEA applies to employers with 20 or more employees, employment agencies, the federal government, state and local governments, and labor organizations with 25 or more members. The ADEA makes it unlawful for employers and labor organizations to discriminate based on age in hiring, firing, compensation, terms of employment, or membership. Recent news articles discuss whether the law has evolved enough to combat pervasive age discrimination and specific cases where the EEOC has sued employers for alleged violations of the ADEA.
2. • The Age Discrimination in
Employment Act (ADEA) is a federal
law that protects workers and job
applicants age 40 and over from age-
based discrimination in all aspects of
employment.
• Passed in 1967
What is the Age Discrimination in
Employment Act?
3. • Employers with at least 20 employees
• Employment agencies
• The federal government
• State and local government (though remedies are often limited)
• Labor organizations with at least 25 members
Who does the ADEA apply to?
4. ADEA for Employer Practices
It’s unlawful for an employer
1. to fail or refuse to hire or to discharge any individual or otherwise discriminate
against any individual concerning his/her compensation, terms, conditions, or
privileges of employment, because of such individual’s age;
2. to limit, segregate, or classify his employees in any way which would deprive or
tend to deprive any individual of employment opportunities or otherwise
adversely affect his status as an employee, because of such individual’s age; or
3. to reduce the wage rate of any employee to comply with this chapter.
5. ADEA: Labor Practices
It’s unlawful for a labor organization to
1. to exclude or to expel from its membership, or otherwise to discriminate against, any
individual because of his age;
2. to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for
employment any individual, in any way which would deprive or tend to deprive any
individual of employment opportunities, or would limit such employment opportunities or
otherwise adversely affect his status as an employee or as an applicant for employment,
because of such individual’s age;
3. to cause or attempt to cause an employer to discriminate against an individual in violation
of this section