2.2 Age Discrimination in Employment Act (ADEA)
6 min read•august 20, 2024
The protects workers 40 and older from age-based discrimination. It covers hiring, promotions, benefits, and terminations for employers with 20+ employees, aiming to promote employment based on abilities rather than age.
ADEA prohibits age preferences in job ads, asking applicants' age during hiring, and forcing retirement at a certain age. Exceptions exist for . Employees can file discrimination charges with the EEOC and potentially sue for lost wages, benefits, and liquidated damages.
Overview of ADEA protections
- The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employment discrimination against individuals who are 40 years of age or older
- The ADEA applies to various aspects of employment, including hiring, promotion, compensation, benefits, and termination
- The purpose of the ADEA is to promote employment of older persons based on their abilities rather than their age and to help employers and employees find ways to meet problems arising from the impact of age on employment
ADEA coverage and scope
Employers subject to ADEA
Top images from around the web for Employers subject to ADEA
The Law and Discrimination | Human Resources Management View original
Is this image relevant?
Age Discrimination in Employment Act of 1967 - Wikipedia View original
Is this image relevant?
Selecting Employees | Introduction to Psychology View original
Is this image relevant?
The Law and Discrimination | Human Resources Management View original
Is this image relevant?
Age Discrimination in Employment Act of 1967 - Wikipedia View original
Is this image relevant?
1 of 3
Top images from around the web for Employers subject to ADEA
The Law and Discrimination | Human Resources Management View original
Is this image relevant?
Age Discrimination in Employment Act of 1967 - Wikipedia View original
Is this image relevant?
Selecting Employees | Introduction to Psychology View original
Is this image relevant?
The Law and Discrimination | Human Resources Management View original
Is this image relevant?
Age Discrimination in Employment Act of 1967 - Wikipedia View original
Is this image relevant?
1 of 3
- The ADEA applies to employers with 20 or more employees, including state and local governments, employment agencies, and labor organizations
- Employers are prohibited from discriminating against individuals who are 40 years of age or older in any aspect of employment
- The ADEA also prohibits employers from retaliating against employees who oppose age discrimination or participate in ADEA proceedings
Employees protected by ADEA
- The ADEA protects employees and job applicants who are 40 years of age or older from discrimination based on age
- The ADEA does not protect employees under the age of 40, but some states have laws that protect younger workers from age discrimination
- The ADEA protects both current employees and job applicants, regardless of their citizenship or immigration status
Prohibited practices under ADEA
Discrimination in hiring
- Employers cannot refuse to hire an individual because of their age if the individual is 40 years of age or older
- Job advertisements cannot include age preferences or limitations unless age is a bona fide occupational qualification (BFOQ) for the position (airline pilots)
- Employers cannot ask job applicants their age or date of birth during the hiring process, except in limited circumstances (verifying legal working age)
Discrimination in promotion and benefits
- Employers cannot deny promotions or training opportunities to employees who are 40 years of age or older based on their age
- Employers cannot reduce or eliminate benefits for , such as health insurance or retirement plans, based on their age
- Employers cannot force employees to retire at a certain age, except in limited circumstances (executives or high policymakers)
Discrimination in layoffs and termination
- Employers cannot select employees for layoffs or termination based on their age if they are 40 years of age or older
- Employers cannot pressure older employees to retire or accept early retirement packages based on their age
- Employers cannot use age as a factor in determining which employees to retain during a reduction in force (RIF), unless age is a BFOQ for the position
Exceptions and defenses to ADEA claims
Bona fide occupational qualifications
- In limited circumstances, employers can discriminate based on age if age is a BFOQ reasonably necessary to the normal operation of the business
- For example, age may be a BFOQ for airline pilots due to safety concerns
- Employers have the burden of proving that age is a BFOQ for the position in question
- BFOQs are interpreted narrowly and are rarely successful defenses to ADEA claims
Reasonable factors other than age
- Employers can make employment decisions based on (RFOA), even if those factors have a disproportionate impact on older workers
- For example, employers can consider factors such as job performance, skills, and experience when making employment decisions
- Employers have the burden of proving that the factor relied upon is reasonable and not a pretext for age discrimination
- The RFOA defense is broader than the BFOQ defense and is more commonly used by employers in ADEA cases
Bona fide seniority systems
- Employers can make employment decisions based on a bona fide seniority system that is not intended to evade the purposes of the ADEA
- For example, employers can use seniority as a factor in determining layoffs or promotions
- The seniority system must be based on length of service and must be applied consistently to all employees
- The seniority system cannot require or permit involuntary retirement based on age
Enforcement of ADEA rights
Filing charges with EEOC
- Employees who believe they have been discriminated against based on age can file a charge of discrimination with the (EEOC)
- The charge must be filed within 180 days of the alleged discriminatory act, or 300 days if there is a state or local law prohibiting age discrimination
- The EEOC will investigate the charge and attempt to resolve the dispute through conciliation
Litigation of ADEA claims
- If the EEOC is unable to resolve the dispute, the employee can file a lawsuit in federal court
- The lawsuit must be filed within 90 days of receiving a right-to-sue letter from the EEOC
- The employee has the burden of proving that age was a motivating factor in the adverse employment action
Remedies available under ADEA
- Employees who prevail in an ADEA lawsuit can recover lost wages and benefits, front pay, liquidated damages, and attorney's fees and costs
- Liquidated damages are available if the employer's violation was willful and are equal to the amount of lost wages and benefits
- Employees can also seek injunctive relief, such as reinstatement or promotion
- Punitive damages are not available under the ADEA
Interaction of ADEA with other laws
ADEA vs Title VII protections
- The ADEA and Title VII of the Civil Rights Act of 1964 both prohibit employment discrimination, but they have some key differences
- Title VII prohibits discrimination based on race, color, religion, sex, and national origin, while the ADEA only prohibits discrimination based on age
- The ADEA applies to employers with 20 or more employees, while Title VII applies to employers with 15 or more employees
- Employees can bring claims under both the ADEA and Title VII if they have been discriminated against based on age and another protected characteristic
ADEA and state age discrimination laws
- Many states have their own age discrimination laws that provide greater protections than the ADEA
- For example, some states have lower minimum employee thresholds or protect younger workers from age discrimination
- Employees can bring claims under both the ADEA and state age discrimination laws
- State age discrimination laws may have different procedural requirements or than the ADEA
Best practices for ADEA compliance
Reviewing policies for age bias
- Employers should review their employment policies and practices to ensure they do not discriminate based on age
- For example, employers should avoid using age-related terms in job advertisements or asking for age-related information on job applications
- Employers should also ensure that their policies are applied consistently to all employees regardless of age
Training managers on age discrimination
- Employers should provide training to managers and supervisors on the ADEA and age discrimination
- Training should cover the types of conduct that are prohibited under the ADEA and how to avoid age bias in employment decisions
- Managers should be instructed to base employment decisions on job-related factors such as skills, experience, and performance, rather than age
Documenting employment decisions
- Employers should document the reasons for employment decisions, particularly those that may have a disproportionate impact on older workers (layoffs, terminations)
- Documentation should include the criteria used to make the decision and how those criteria were applied to individual employees
- Employers should retain documentation related to employment decisions in case of an ADEA claim or investigation
- Consistent documentation can help employers demonstrate that employment decisions were based on reasonable factors other than age
Key Terms to Review (17)
Adverse Action: Adverse action refers to any action taken by an employer that negatively affects an employee's job status or opportunities, such as termination, demotion, or denial of a promotion. In the context of age discrimination under the Age Discrimination in Employment Act (ADEA), adverse actions are critical in determining whether older employees have been treated unfairly due to their age. Recognizing adverse actions is essential for employees to understand their rights and for employers to ensure they are compliant with anti-discrimination laws.
Age Discrimination in Employment Act (ADEA): The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits discrimination against individuals aged 40 and older in various aspects of employment, including hiring, firing, promotions, compensation, and job training. This law was enacted to protect older workers from unfair treatment based on age and to promote their inclusion in the workforce. It reflects the recognition that age should not be a determining factor in employment opportunities or decisions.
Age-related bias: Age-related bias refers to prejudice or discrimination against individuals based on their age, often resulting in unfair treatment in various contexts, including employment. This bias can manifest in stereotypes that portray older workers as less competent or adaptable, influencing hiring decisions, promotions, and job security. Understanding this bias is crucial for recognizing its implications within legal frameworks such as the Age Discrimination in Employment Act (ADEA), which aims to protect workers over the age of 40 from such discrimination.
Bona Fide Occupational Qualifications: Bona fide occupational qualifications (BFOQ) are legitimate job requirements that allow an employer to make employment decisions based on specific characteristics that are necessary for the job. This concept helps distinguish between permissible and impermissible discrimination, ensuring that only qualifications genuinely relevant to job performance can be used to justify discriminatory practices. BFOQs play a critical role in enforcing anti-discrimination laws while allowing employers some flexibility in hiring based on the nature of the work.
Bona Fide Seniority Systems: Bona fide seniority systems are employment practices that use an employee's length of service as a basis for decisions related to promotions, layoffs, or benefits. These systems are designed to reward employees for their loyalty and experience, while also adhering to legal standards to prevent discrimination against older workers. In the context of employment law, particularly regarding age discrimination, these systems must be genuine and not a cover for discriminatory practices against employees based on their age.
Burden of proof: The burden of proof is the legal obligation to prove allegations or claims made in a dispute, which typically lies with the party making the assertion. In employment law, this concept is crucial as it determines who must provide evidence to support their claims in cases such as discrimination or wrongful termination. Understanding the burden of proof helps clarify the standards for evidence and how various laws, like those addressing age or pregnancy discrimination, require different approaches in litigation.
Disparate Treatment: Disparate treatment refers to a form of employment discrimination that occurs when an individual is treated differently because of their protected characteristics, such as race, gender, age, or disability. This concept is critical in understanding various employment laws that aim to prevent unfair treatment based on these characteristics, emphasizing the need for equal opportunity and fairness in the workplace.
Employment Decision: An employment decision refers to any choice made by an employer that affects the hiring, promotion, discipline, or termination of an employee. These decisions are significant because they can directly impact an individual's career and job security, as well as the overall workplace environment. In the context of age discrimination, employment decisions must be made without bias based on an employee's age, as such discrimination can lead to serious legal repercussions for employers under specific legislation.
Equal Employment Opportunity Commission: The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing laws against employment discrimination. It ensures that all individuals have equal access to employment opportunities regardless of race, color, religion, sex, national origin, age, disability, or genetic information. The EEOC plays a critical role in addressing issues related to age discrimination, promoting affirmative action, and outlining the responsibilities of employers to protect employee rights.
Hazelwood School District v. United States: Hazelwood School District v. United States is a landmark Supreme Court case decided in 1988 that addressed the balance between student free speech rights and the authority of school administrators to regulate school-sponsored publications. The ruling established that schools could impose restrictions on student expression in school-sponsored activities if those restrictions are reasonably related to legitimate pedagogical concerns.
Job Qualification: Job qualification refers to the specific skills, education, experience, and personal attributes required for an individual to perform a job effectively. Understanding job qualifications is crucial in the context of employment laws, as they must be relevant and non-discriminatory, particularly regarding age. This ensures that employers focus on the abilities necessary for the role rather than biases that may arise from a candidate's age or other personal characteristics.
Older Workers: Older workers refer to employees who are typically aged 40 and above and are often subject to age-related biases in the workplace. This demographic is significant in discussions around workforce diversity, employee retention, and productivity, especially in the context of legal protections against discrimination. Understanding the challenges faced by older workers helps to highlight the importance of inclusive policies and the impact of age discrimination on their employment opportunities and career advancement.
Protected Class: A protected class is a group of people who are legally safeguarded from discrimination based on specific characteristics such as race, color, religion, sex, national origin, age, disability, and more. These classes are recognized under various laws that aim to promote equality and prevent unfair treatment in employment and other areas. Understanding which groups fall under protected classes is crucial for recognizing and addressing discrimination in the workplace.
Reasonable accommodation: Reasonable accommodation refers to the adjustments or modifications made by an employer to enable individuals with disabilities or other protected statuses to perform their job duties effectively. This concept is crucial in various employment laws as it promotes inclusivity and ensures equal opportunity for all employees, regardless of age, disability, pregnancy, or other factors that might necessitate support in the workplace.
Reasonable Factors Other Than Age: Reasonable factors other than age refer to legitimate, non-discriminatory reasons that employers can use to justify employment decisions that may adversely affect older workers. This concept is particularly significant within the framework of the Age Discrimination in Employment Act (ADEA), which aims to protect employees aged 40 and older from age-based discrimination while allowing for certain practices that are based on factors unrelated to age.
Remedies: Remedies refer to the legal means by which a party can seek to enforce a right or redress a wrong. In the context of employment law, particularly under the Age Discrimination in Employment Act (ADEA), remedies provide a way for employees who have faced age discrimination to recover losses, such as back pay, reinstatement, or other compensatory damages. They serve as critical tools for ensuring that individuals are held accountable for discriminatory practices and that victims receive appropriate compensation for their injuries.
Smith v. City of Jackson: Smith v. City of Jackson is a pivotal Supreme Court case decided in 2005 that addressed age discrimination under the Age Discrimination in Employment Act (ADEA). The case determined that a facially neutral employment practice that disproportionately affects older employees can be considered discriminatory, even if it was not intended to discriminate against them. This case is significant as it clarified how to analyze claims of age discrimination, particularly those involving disparate impact rather than just disparate treatment.