Age Discrimination

Acts of age discrimination are motivated by prejudice toward an individual's or group's age.

In the workplace, age discrimination occurs when an employer treats an employee or prospective employee differently than others because of the person's age.

In the United States, there have been several fundamental pieces of legislation enacted to protect individuals against age discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) is the most significant. It protects individuals who are 40 years of age and older from employment discrimination based on age. The ADEA was created to extend the law stated in the Civil Rights Act of 1964, which prohibits discrimination based on race, sex, creed, color, religion, or ethnic origin, to include 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 the individual's age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA further states that it is unlawful to retaliate against an individual complainant or participant in any age discrimination charge, investigation, proceeding, litigation, or testimony.

Regulations set forth by ADEA apply to employers with 20 or more employees, including federal, state, and local government organizations. Employment agencies, apprenticeship programs, and labor organizations are also subject to ADEA. Age preferences, limitations, or specifications are prohibited, but they may apply under rare exceptions. An employment agency, for example, may not make age specifications when posting job notices or making preemployment inquiries.

ADEA waivers are allowed, but only if they meet minimum standards. For example, an airline pilot is required to have a maximum level of correction relative to eye sight. A firefighter may be required to lift and carry 150 pounds. Age and other physical requirements are considered when filling these jobs. A waiver could be requested in these instances. The employer would be required to use specific language that would apply to all employment notices and advertisements for these positions. Discrimination also occurs with younger employees, but protections and liabilities are not legislated, and thus, cases and claims are rarely documented.

The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC), a federal government agency. The EEOC is charged with eliminating illegal discrimination from the workplace. Individuals who think they are victims of age discrimination can report the activity to the EEOC. The EEOC provides information about how to file charges at the state and federal levels.

Age discrimination laws are also defined and imposed at the state level. These laws are based on the mandates stipulated in existing federal laws, although some state laws enforce broader protections. For example, there are states that enforce protections that apply to employers with fewer than 20 employees.