Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) of 1967 was passed by Congress as part of its broad legislative attack on employment discrimination in the 1960s and 1970s. Concerned with incidents of age bias in the workplace, Congress enacted the ADEA as an amendment to the Fair Labor Standards Act of 1938 that substantially parallels Title VII of the Civil Rights Act of 1964. The ADEA's provisions prohibit age-based discrimination in employment decisions, benefit programs, and retirement plans. Since the statute's enactment, courts have dealt with many ADEA issues in the context of higher education, ranging from dismissal and denial of tenure to salaries and early retirement incentive plans. This entry reviews the scope and application of the ADEA in higher education.