The Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 is the primary federal statute that prohibits employers from discriminating against employees in terms, privileges and conditions of employment on the basis of age. The law also applies to employment agencies and labor organizations. To be covered by the ADEA, an individual must be 40 years old or older. There is no cap on an employee’s age to be covered by the ADEA.
What law requires/prohibits
Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
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.
Who is covered
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants.
The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.
ADEA protections include:
- Apprenticeship Programs
- Job Notices and Advertisements
- Pre-Employment Inquiries
- Benefits
- Waivers of ADEA Rights Reporting/recordkeeping requirements
Employers must keep all payroll records for three years. Employers must also keep on file any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination How does one make a complaint if they feel the law has been violated?
An individual must pre-file a charge with the EEOC within 180 days after the alleged unlawful practice occurred or within 300 days if a state age discrimination law (including remedies) exits.
