Avoiding Age Discrimination
State and federal laws protect older workers from discrimination on the basis of their age.
A number of state and federal laws prohibit employers from discriminating against employees and applicants on the basis of age.
The Age Discrimination in Employment Act
The federal Age Discrimination in Employment Act (ADEA) is the major federal law that prohibits employers from discriminating against employees and applicants who are at least 40 years old on the basis of their age. Those who are under the age of 40 are not protected by the ADEA; under federal law, an employee cannot make a claim of age discrimination until reaching the age of 40.
The ADEA prohibits discrimination in all phases of the employment relationship, except benefits and early retirement, which are addressed by a different law (see below). The aspects of the employment relationship that the ADEA governs include help wanted ads, interviewing, hiring, compensation, promotion, discipline, job evaluations, demotion, training, job assignments, and termination.
The ADEA applies to all private employers that have at least 20 employees. It applies to government employees as well, although state employees are prohibited from filing age discrimination lawsuits.
Not only does the ADEA prohibit you from discriminating against older workers in favor of those who are younger than 40, but it also prohibits you from discriminating among older workers. For example, you can't hire a 43-year-old over a 53-year-old simply because of age.
State Laws
Many state laws also prohibit discrimination on the basis of age. Although some of these laws essentially mirror the federal law and only protect people older than 40, other laws are broader and protect workers of all ages.
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