ADEA

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ADEA (Age Discrimination in Employment Act) is a federal law in the United States that prohibits employment discrimination against persons 40 years of age or older. The ADEA was passed by Congress in 1967 and is enforced by the Equal Employment Opportunity Commission (EEOC).

Overview

The ADEA applies to employers with 20 or more employees, including federal, state, and local governments, as well as employment agencies and labor organizations. The Act makes it unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

Provisions

The ADEA includes several key provisions:

  • It is unlawful to include age preferences, limitations, or specifications in job notices or advertisements, except in certain circumstances.
  • It is 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 permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.

Enforcement

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the provisions of the ADEA. Individuals who believe they have been discriminated against due to their age can file a charge with the EEOC. The EEOC will then investigate the charge and make a determination on its merits.

See also

External links

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