{"id":357679,"date":"2016-04-04T10:45:23","date_gmt":"2016-04-04T15:45:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/employment-discrimination\/age-discrimination-law.html"},"modified":"2025-03-20T15:54:00","modified_gmt":"2025-03-20T20:54:00","slug":"age-discrimination-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/employment-discrimination\/age-discrimination-law.html","title":{"rendered":"Age Discrimination Law"},"content":{"rendered":"\n
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Age Discrimination Law<\/h1>\n\n
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\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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The Age Discrimination in Employment Act (ADEA) is a federal anti-discrimination law. It protects older workers against unfair treatment. <\/p>\n\n <\/div>\n\n\n\n

Age discrimination occurs when an employee or job applicant receives less favorable treatment because of age. State law and the federal Age Discrimination in Employment Act (29 U.S.C. 621 to 634<\/a>) prohibit employers from discriminating against protected older employees or applicants on the basis of age.<\/p>\n

An employee’s age should never open the door to discrimination. If you experience agism at work or when applying for jobs, you may want to discuss your options with a local\u00a0employment attorney<\/a>.\u00a0<\/p>\n

Who Is Covered by the ADEA?<\/h2>\n

The\u00a0ADEA\u00a0protects workers 40 years of age and older from age-based discrimination related to terms, conditions, or privileges of employment. The ADEA applies to workplaces with 20 or more employees, including labor organizations, employment agencies, state and local governments, and the federal government.<\/p>\n

Age Discrimination Law and the Employment Relationship<\/h2>\n

An employer may not\u00a0discriminate based on age<\/a>\u00a0when making employment decisions about hiring, firing<\/a>, promotions, layoffs, compensation, benefits, job assignments, and training. Even if a practice or policy appears neutral because it applies to all workers, if it negatively impacts workers<\/a> age 40 or older and is not based on a reasonable factor other than age, it may be illegal.<\/p>\n

Age Discrimination Law and Harassment<\/h2>\n

Employees covered by the act also receive\u00a0protection from harassment<\/a>\u00a0based on age when behavior is frequent and severe enough to create a hostile or offensive work environment or result in an adverse employment decision against the protected worker.<\/p>\n

Exceptions to the ADEA<\/h2>\n

Besides the exception for companies with fewer than 20 employees, other exceptions to the law apply, including:<\/p>\n