Age Discrimination In Employment

As unprecedented numbers of baby boomers move into their 60s, there will be more older, capable employees in the workplace. In light of the emphasis on youth in our culture, that undoubtedly means there will be more age discrimination in employment as well. Thankfully, there is protection, in the form of the Age Discrimination Employment Act of 1967 (ADEA). It protects workers 40 and over from discrimination due to their age, provided the company has 20 or more employees and conducts interstate commerce. Anyone who feels they need protection under this act can file a claim with a state agency or the federal Equal Employment Opportunity Commission (EEOC). First, they will attempt to facilitate a solution to the problem. That can include reinstatement, promotion, back pay, damages, and more. The employee may also be entitled to file a civil suit in some cases. If an age discrimination in employment suit proves the employer's actions were willful, damages could reach thousands of dollars.

Fast Facts

  • An employer can legally favor an older employee over the younger one even if they are both 40 or older.
  • The ADEA also applies to employment agencies and labor organizations.

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