{"id":4666,"date":"2016-04-04T11:47:37","date_gmt":"2016-04-04T16:47:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/age-discrimination-in-employment.html"},"modified":"2024-06-06T05:36:21","modified_gmt":"2024-06-06T10:36:21","slug":"age-discrimination-in-employment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/age-discrimination-in-employment.html","title":{"rendered":"Age Discrimination in Employment"},"content":{"rendered":"\n
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Age Discrimination in Employment<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\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

Federal and state laws prevent employers from discriminating against job applicants and employees based on age. The Age Discrimination in Employment Act <\/a>(ADEA) prohibits employers from discriminating against employees and applicants 40 years of age and over. This article discusses the ADEA, protections for older workers, and how to avoid ageism in the workplace.<\/p>\r\n

Remember, younger workers can be victims of ageism even if age discrimination laws don’t protect them. For example, take this group of 20-something Goldman Sachs analysts who were required to work 95-hour weeks<\/a>. Their older colleagues were not expected to work such long hours.<\/p>\r\n

You can avoid almost all ageism and age discrimination claims by being alert to age stereotypes and bias. Thinking younger employees can handle overwork is as discriminatory as thinking older workers cannot keep up.<\/p>\r\n

Provisions of the ADEA<\/h2>\r\n

The ADEA prohibits employers from discriminating based on age at all stages of the employment process. This includes interviewing, hiring, and termination. Base all employment decisions on job performance, not age, unless it is a bona fide occupational qualification<\/a> (BFOQ). For instance, airline pilots have a mandatory retirement age based on FAA safety concerns.<\/p>\r\n

The ADEA also applies to:<\/p>\r\n