Age Discrimination in Employment Act of 1967 (ADEA)

Age discrimination is one of the fastest-growing areas of employment law. The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency charged with administering the law, has received upward of 19,000 claims of age discrimination per year over the past several years. This growth is most attributable to the increasing number of aging employees in the workplace, the overall economic conditions of the country, and resulting employment layoffs and plant closures, which many times disproportionately affect older Americans.

The Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 623(a)(1)-(d), protects employees from discrimination in the workplace because of their age. The policy behind the ADEA is to protect older workers from stereotypes that they are inefficient or that because of their age, they can no longer perform at the same level as younger workers. The ADEA prohibits discrimination against employees in hiring, firing, or other terms and conditions of employment if they are 40 years of age or older. Individuals under 40 years old do not have a claim under the federal law.

However, many state laws allow for claims of age discrimination regardless of the individual's age.

Private employers of 20 or more persons, state and local governments, employment agencies that serve covered employers, and labor unions with 25 or more members are required to comply with the terms of the ADEA. There are, however, several exemptions to the law, including some high-level managers and bona fide executive or high-policy-making positions; uniformed military personnel; public safety personnel (police, firefighters, and prison guards); and individuals appointed by elected officials who serve in a policy-making capacity. In those cases, depending on the circumstances, an employer may be permitted to base employment decisions on an employee's age.

Generally, however, employers are prohibited from taking any adverse employment action against an individual “because of” his or her age. Adverse actions come in many forms and may include the following: firing, refusing to hire, pay cuts, demotions, transfer, discipline or reprimand, and undesirable reassignment. Employers are also prohibited from the following: limiting, segregating, or classifying employees in a way that would deprive the employee of job opportunities or adversely affect employee status; reducing the wage rate of an employee in order to comply with the ADEA; indicating any preference, limitation, specification, or discrimination based on age in a notice or advertisement for employment; or operating a seniority system or employee benefit plan that requires or permits involuntary retirement. A person who is unlawfully discriminated against because of his or her age is entitled to damages, including loss of income, emotional distress, and, potentially, attorneys' fees. In addition, depending on the egregiousness of the violation, the court may double the damage award or even award triple damages.

In cases of alleged age discrimination, employees can meet a prima facie burden by using direct evidence of differential treatment based on age. This could be in the form of an admission on the part of a representative of the employer that the individual is “too old” to perform the job, though this kind of statement is rarely made. Sometimes individuals do make statements or deliver messages that suggest that the company would prefer a younger “face” to its workforce or a particular job or that the company needs a “fresh outlook” on a particular project. Many times, the court will look at these facts not as direct proof, but as circumstantial evidence of animus because of an individual's age.

...