Age Discrimination in Employment Act (ADEA)

The ADEA prohibits employment discrimination against persons 40 years of age or older.  The ADEA makes it unlawful for an employer, labor organization, or employment agency to “fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.”  In addition, the law prohibits discrimination in employee benefit plans, such as health coverage and pensions.

The ADEA applies to employers who have 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.  The law is enforced by the Equal Employment Opportunity Commission (EEOC).