Age Discrimination in Employment Act (ADEA)
Definition
A federal law that prohibits employment discrimination against individuals who are 40 years of age or older.
What is the ADEA?
Enacted in 1967, the Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from discrimination based on age in hiring, firing, promotions, pay, job assignments, layoffs, training, and other terms and conditions of employment. It applies to employers with 20 or more employees, including federal, state, and local governments. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC).
Why is the ADEA Important for Employers?
- Helps employers reduce the risk of EEOC charges, investigations, and age discrimination lawsuits
- Requires employers to use age-neutral language in job postings, interviews, and performance evaluations
- Prohibits mandatory retirement ages for most positions, with limited exceptions
- Applies to reductions in force; age cannot be a determining factor in layoff decisions
FAQs
Who does the ADEA protect?
The ADEA protects employees and job applicants who are 40 years of age or older. It does not protect workers under 40, though some state laws may provide broader protections.
Can employers ask about an applicant’s age during the hiring process?
Employers should avoid asking about age or dates of birth during the application process, as this can be used as evidence of discriminatory intent in a legal challenge.
What constitutes age discrimination under the ADEA?
Age discrimination includes making employment decisions, such as hiring, termination, promotion, or layoffs, based on an employee’s or applicant’s age rather than job-related qualifications or performance.
How ExtensisHR Can Help
We partner with employers to:
- Review job postings and hiring processes for age-neutral language and practices
- Provide compliance training for managers and HR teams
- Assist with documentation practices that support defensible employment decisions
- Offer guidance on conducting lawful reductions in force