Age Discrimination in Employment Act

Definition

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employment discrimination against individuals aged 40 and older. It aims to protect older workers from being unfairly disadvantaged or excluded from the workforce due to their age.

5 Must Know Facts For Your Next Test

1. The ADEA applies to private employers with 20 or more employees, as well as state and local governments.
2. The ADEA prohibits mandatory retirement based on age, with a few limited exceptions for certain high-level executives and public safety positions.
3. Employers cannot discriminate against older workers in any aspect of employment, including hiring, firing, compensation, benefits, and job assignments.
4. The ADEA allows employers to favor older workers over younger workers when making decisions about employee benefits, such as seniority systems and employee benefit plans.
5. Employees who believe they have been discriminated against based on age must file a charge with the Equal Employment Opportunity Commission (EEOC) before they can file a lawsuit.

Review Questions

• Explain the key provisions of the Age Discrimination in Employment Act (ADEA) and how they aim to protect older workers.
  • The ADEA prohibits employers from discriminating against individuals aged 40 and older in any aspect of employment, including hiring, firing, compensation, benefits, and job assignments. It also bans mandatory retirement based on age, with a few limited exceptions. The ADEA allows employers to favor older workers over younger workers when making decisions about employee benefits, such as seniority systems and employee benefit plans. The goal of the ADEA is to ensure that older workers are not unfairly disadvantaged or excluded from the workforce due to their age.
• Describe the two main types of age discrimination prohibited under the ADEA and provide examples of each.
  • The ADEA prohibits two main types of age discrimination: disparate treatment and disparate impact. Disparate treatment occurs when an individual is treated less favorably than others because of their age, such as an employer refusing to hire qualified older applicants. Disparate impact arises when an employer's policies or practices, though neutral on their face, disproportionately affect older workers, such as using a physical fitness test that disproportionately screens out older applicants. Both forms of discrimination are unlawful under the ADEA unless the employer can demonstrate a valid business necessity.
• Analyze the role of the Equal Employment Opportunity Commission (EEOC) in enforcing the ADEA and the process employees must follow to file a claim of age discrimination.
  • The EEOC is responsible for enforcing the ADEA and investigating claims of age discrimination. Employees who believe they have been discriminated against based on their age must first file a charge with the EEOC before they can file a lawsuit. The EEOC will investigate the charge and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC finds evidence of discrimination, it will attempt to resolve the issue through mediation or conciliation. If those efforts fail, the EEOC may choose to file a lawsuit on behalf of the employee or issue a 'right to sue' letter, which allows the employee to file a private lawsuit. This process ensures that the EEOC can effectively enforce the ADEA and protect the rights of older workers.

Related terms

Disparate Treatment: A type of discrimination where an individual is treated less favorably than others because of their age.

Disparate Impact:

A type of discrimination where an employer's policies or practices, though neutral on their face, disproportionately affect older workers.

Bona Fide Occupational Qualification (BFOQ): A narrow exception that allows employers to consider age as a factor in hiring if it is reasonably necessary to the normal operation of the business.