Equal Protections with the Age Discrimination in Employment Act

Federally, the Age Discrimination in Employment Act (ADEA) only protects employees over the age of 40 from age discrimination – moreover, you cannot sue under the ADEA if your workplace employs less than 20 people.

However, age discrimination is permitted in certain, special circumstances. For instance, executives who make over $44,000 annually can be forced to retire at the age of 65, and certain government workers (such as fire personnel, police officers or air traffic controllers) are also subject to certain age limitations.

If you feel you have been subject to age discrimination, you should file a claim with the Equal Employment Opportunity Commission or under your state discrimination laws.

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What is the Age Discrimination Protected Class?

The Age Discrimination in Employment Act of 1967 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.

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, but not limited to, 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.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Age Discrimination in Apprenticeship Programs

It is generally unlawful for apprenticeship programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual’s age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exceptions under the ADEA or if the EEOC grants a specific exemption.

Age Discrimination in Job Adverts and Notices

The ADEA makes it unlawful to include age preferences, limitations or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a “bona fide occupational qualification” (BFOQ) reasonably necessary to the essence of the business.

Can Potential Employers Ask Questions About Your Age Before Hiring? Pre-employment Inquiries

The ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.

Summary of the Older Workers Benefit Protection Act

The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Discrimination Lawyers Explain ADEA Waiver Requirements

At an employer’s request, an individual may agree to waive his/her rights or claims under the ADEA. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid.

Among other requirements, the Equal Employment Opportunity Commission outlines that a valid ADEA waiver:

  • Must be in writing and be understandable
  • Must specifically refer to ADEA rights or claims
  • May not waive rights or claims that may arise in the future
  • Must be in exchange for valuable consideration
  • Must advise the individual in writing to consult an attorney before signing the waiver
  • Must provide the individual at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing it

In addition, if an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.

Questions about Your Right to File an Age Discrimination Lawsuit?

If you are a victim of discrimination in the workplace, contact an age discrimination lawyer at our law firm today to set up a free attorney consultation. We help workers experiencing discrimination on the job, including age discrimination. Our discrimination attorneys can give clients information about what to do if you encounter discrimination at work when you call us today.