Age Discrimination in Employment Act

the Age Discrimination in Employment Act of 1967 (ADEA) as one of the few EEO laws that specifies which group the law protects. The ADEA makes it illegal for an employer to discriminate against any individual age 40 or older because of that individual’s age when making employment decisions.

These decisions include activities such as promotions, layoffs, and pay raises.The ADEA resulted from employment practices in which employers preferred younger workers over older workers, and even terminated older workers to avoid having to pay retirement benefits to them. The Act applies to employers with 20 or more employees, and includes state and local governments, employment agencies, labor organizations, and the federal government.

The courts also have supported the use of BFOQs based on age when a company can demonstrate that age affects performance in a job and could create a risk to public safety or adversely affect company efficiency. Further, the law includes a provision for compulsory retirement of high-ranking executives who are guaranteed by their employer a certain level of retirement income.

Organizations are finding that older workers make excellent employees and are actively recruiting them for the skills and knowledge they can bring to the job.