Employment Law FAQs

What Do Employers Need to Know about the ADEA?

What is it?

The Age Discrimination Employment Act (ADEA) prohibits employers from discriminating against workers age 40 or older based on their age. Employers may not use an employee's age to determine who should receive raises or promotions, who should receive positive performance reviews, who should be laid off or fired, or any other "term, condition or privilege" of employment.

Who does it apply to?

The Act protects both job applicants and current employees. It applies to public employers, including local, state and government entities, labor organizations and employment agencies; and private employers who have 20 or more employees.

What does it require?

Job interviews and postings

Employers covered by the ADA may not include age requirements or limits as criteria for employment in job postings. Likewise, employers should not ask job applicants about their age in job interviews to avoid potential claims of age discrimination. A narrow exception exists if the employer can show that age is a bona fide condition for a specific job.

Benefits

While it may be more expensive for employers to provide benefits, like health insurance, to older workers, employers may not use age to deny older employees benefits nor can employers reduce or cut benefits once employees reach a certain age. In 1990, the Older Workers Benefit Protection Act was passed as an amendment to the ADEA preventing this type of activity. However, employers may be able to justify a reduction in employee benefits based on age in the limited situations where employers can show that the costs of providing reduced benefits to older employees is the same as the cost of providing benefits to younger employees.

Forced retirement

Employers are not permitted to require employees to retire once they meet a certain age threshold. Exceptions to this rule exist for certain executives, high policymakers and public safety employees, like firefighters and police officers. Employers, however, may offer early retirement incentives to employees, so long as they truly are voluntary offers and not disguised efforts to force older employees to retire. Employers can request that employees who accept early retirement incentives waive their legal rights under the ADEA. In order for the waiver to be legal, the waiver must be knowing and voluntary, as well as be in writing and signed by the employee. The employer must give the employee 21 days to consider the offer and then seven days after signing the offer to revoke it.

Retaliation

Employers may not retaliate against employees who exercise their rights under the ADEA or oppose employer policies they believe to violate the ADEA. Also, employers may not take adverse employment action against employees for participating in an internal investigation or legal proceeding for an age discrimination claim against the employer, regardless of whether the employer is eventually found innocent of the charge.

For more information on employment legal matters generally or age discrimination in particular, contact a knowledgeable employment law attorney in your area today.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.

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