Age Discrimination Employment Act

by J. Clark

Overview

The Age Discrimination in Employment Act of 1967, known as the ADEA, protects people 40 years old or older as they apply for and perform jobs in the United States.
Scope

The Equal Employment Opportunity Commission (EEOC), the agency charged with enforcing the ADEA, defines its scope this way: "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."

Who It Affects

Any U.S. employer with at least 20 employees, including state and local government agencies, is bound by the ADEA.
Prohibited

According to the EEOC, the ADEA prohibits employers from, among other things: Including age preferences or specifications in a job advertisement, denying benefits to older employee and retaliating against an employee who files an age discrimination complaint.
Allowed

According to the EEOC, under the ADEA, employers are allowed to: Favor older workers without penalty, and ask an applicant for his age or date of birth. But they are prohibited from using that information to discriminate against the applicant.
Age Discrimination Act of 1975

The Age Discrimination Act of 1975, or ADA, is a separate law that prohibits any agency receiving federal monies from discriminating on the basis of age. It does not apply to employment and protects people of all ages, not just those older than 40. The ADA is enforced by the Civil Rights Center.