A 1967 federal law that prohibits employers with 20 or more employees from discriminating on the basis of age in hiring, job retention, compensation, and benefits. ADEA also sets requirements for the duration of employer-provided disability benefits. ADEA protects individuals who are 40 years of age or older from employment discrimination based on age.
Under the ADEA it is unlawful to discriminate against any individual age 40 or older because of their age with respect to any term, condition, or privilege of employment, including but not limited to, recruitment, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits federal agencies to favor older workers based on age, even when doing so adversely affects a younger worker who is 40 years of age or older, according to the U.S. Department of Labor.
Deeper Dive
When Congress passed the ADEA, lawmakers were responding to widespread, systematic exclusion of older Americans from the workforce based on stereotypes rather than ability. The law was designed to combat the “arbitrary age limits” that were shutting capable workers out of jobs and creating a national economic inefficiency.
It’s difficult for workers to prove discrimination. Especially when it comes to subtle forms of age bias “The law doesn’t prohibit “simple teasing, offhand comments, or isolated incidents that are not serious.” Rather, harassment becomes unlawful when it’s so frequent or severe that it creates a hostile or offensive work environment, or when it results in adverse employment decisions.” This standard can be subjective and must be severe or pervasive enough that a reasonable person would find the environment hostile or abusive according to Gov.facts.