The U.S. Equal Employment Opportunity Commission
Facts About Age Discrimination
The Age Discrimination in Employment
Act of 1967 (ADEA) protects individuals who are 40 years of age
or older from employment discrimination based on age. The ADEA's
protections apply to both employees and job applicants. Under the
ADEA, it is unlawful to discriminate against a person because of
his/her age with respect to any term, condition, or privilege of
employment -- including, but not limited to, hiring, firing,
promotion, layoff, compensation, benefits, job assignments, and
training.
It is also unlawful to retaliate against an individual for
opposing employment practices that discriminate based on age or for
filing an age discrimination charge, testifying, or participating
in any way in an investigation, proceeding, or litigation under the
ADEA.
The ADEA applies to employers with 20 or more employees,
including state and local governments. It also applies to
employment agencies and to labor organizations, as well as to the
federal government.
APPRENTICESHIP PROGRAMS
It is generally unlawful for apprenticeship programs, including
joint labor-management apprenticeship programs, to discriminate on
the basis of an individual's age. Age limitations in apprenticeship
programs are valid only if they fall within certain specific
exceptions under the ADEA or if the EEOC grants a specific
exemption.
JOB NOTICES AND ADVERTISEMENTS
The ADEA makes it unlawful to include age preferences,
limitations, or specifications in job notices or advertisements. As
a narrow exception to that general rule, a job notice or
advertisement may specify an age limit in the rare circumstances
where age is shown to be a "bona fide occupational qualification"
(BFOQ) reasonably necessary to the essence of the business.
PRE-EMPLOYMENT INQUIRIES
The ADEA does not specifically prohibit an employer from asking
an applicant's age or date of birth. However, because such
inquiries may deter older workers from applying for employment or
may otherwise indicate possible intent to discriminate based on
age, requests for age information will be closely scrutinized to
make sure that the inquiry was made for a lawful purpose, rather
than for a purpose prohibited by the ADEA.
BENEFITS
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended
the ADEA to specifically prohibit employers from denying benefits
to older employees. An employer may reduce benefits based on age
only if the cost of providing the reduced benefits to older workers
is the same as the cost of providing benefits to younger
workers.
WAIVERS OF ADEA RIGHTS
At an employer's request, an individual may agree to waive
his/her rights or claims under the ADEA. However, the ADEA, as
amended by OWBPA, sets out specific minimum standards that must be
met in order for a waiver to be considered knowing and voluntary
and, therefore, valid. Among other requirements, a valid ADEA
waiver: (1) must be in writing and be understandable; (2) must
specifically refer to ADEA rights or claims; (3) may not waive
rights or claims that may arise in the future; (4) must be in
exchange for valuable consideration; (5) must advise the individual
in writing to consult an attorney before signing the waiver; and
(6) must provide the individual at least 21 days to consider the
agreement and at least 7 days to revoke the agreement after signing
it. In addition, if an employer requests an ADEA waiver in
connection with an exit incentive program or other employment
termination program, the minimum requirements for a valid waiver
are more extensive.
This page was last modified on January 15, 1997.
The above article was reprinted from the Equal Employment Opportunity Commission.
Check the EEOC website for any changes to the article.
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