Age Discrimination in Employment Act

Definition

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits age-based discrimination in the workplace. It protects individuals aged 40 and older from being treated unfairly in hiring, firing, promotion, compensation, and other employment decisions solely on the basis of their age.

5 Must Know Facts For Your Next Test

1. The ADEA applies to private employers with 20 or more employees, as well as state and local governments.
2. The law prohibits mandatory retirement based solely on age, except for a few limited occupations like firefighters and law enforcement.
3. Employers cannot use age as a factor in decisions about hiring, firing, promotions, layoffs, compensation, or benefits.
4. The ADEA allows for limited exceptions, such as when age is a bona fide occupational qualification (BFOQ) necessary for the job.
5. Employees who believe they have been discriminated against due to age can file a charge with the Equal Employment Opportunity Commission (EEOC).

Review Questions

• Explain the key provisions of the Age Discrimination in Employment Act (ADEA) and how they protect workers from age-based discrimination.
  • The ADEA prohibits employers from making decisions about hiring, firing, promotions, compensation, and other terms and conditions of employment based solely on an individual's age, if the person is 40 years old or older. The law applies to private employers with 20 or more employees, as well as state and local governments. It also prohibits mandatory retirement based on age, with a few limited exceptions where age is deemed a bona fide occupational qualification. The ADEA allows employees who believe they have been discriminated against due to their age to file a charge with the Equal Employment Opportunity Commission (EEOC).
• Describe the different forms of age discrimination prohibited under the ADEA, including disparate treatment and disparate impact.
  • The ADEA prohibits both disparate treatment and disparate impact forms of age discrimination. Disparate treatment occurs when an individual is treated differently and less favorably than others because of their age. Disparate impact refers to employment practices that appear neutral but disproportionately affect older workers and cannot be justified by business necessity. Employers can defend against disparate impact claims by showing the practice is based on reasonable factors other than age (RFOA).
• Analyze how the ADEA's protections and exceptions balance the interests of older workers and employers' business needs.
  • The ADEA aims to strike a balance between protecting older workers from unfair age-based discrimination and allowing employers to make reasonable business decisions. While the law broadly prohibits age discrimination in employment, it does provide limited exceptions where age can be a bona fide occupational qualification (BFOQ) necessary for the job. Employers can also defend against disparate impact claims by showing the practice is based on reasonable factors other than age (RFOA). This flexibility allows employers to consider age when it is truly essential for the role, while still safeguarding older workers from being unfairly disadvantaged in the workplace solely due to their age.

Related terms

Disparate Treatment: A form of discrimination where an individual is treated differently and less favorably than others because of their age.

Disparate Impact:

A practice that appears neutral but disproportionately affects older workers and cannot be justified by business necessity.

Reasonable Factors Other Than Age (RFOA): A defense an employer can use to justify an employment practice that has a disparate impact on older workers if the practice is based on reasonable factors other than age.