Age Discrimination Under the ADEA

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits workplace discrimination based on age. This federal law specifically protects older workers and job applicants, aged 40 and up. However, some types of jobs are exempt and permit mandatory retirement ages. These jobs include firefighters, police officers, high-level policymakers, and executives. Unlike some other federal workplace anti-discrimination laws, the ADEA also does not require employers to provide reasonable accommodations for employees. 

Age discrimination can apply to two workers who are both covered by the ADEA. For example, if your employer treats a 60-year-old worker worse than a similarly qualified 45-year-old worker, that is age-based discrimination, even though both workers are over 40 and covered by the ADEA. 

Furthermore, age discrimination can be subtle and be based on proxies for age. For example, the employer might favor workers or job candidates who are "digital natives," "high energy," "fresh blood," and so on. This could just be another way for the employer to discriminate against older workers in violation of the ADEA. 

Thickstun Luo LLC may be able to help you pursue a legal claim if your employer discriminated against you because you are 40 years old or older, in violation of the ADEA. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.