Age Discrimination in the Workplace

The Age Discrimination in Employment Act of 1967 (ADEA) was passed to prevent discrimination against employees and job applicants because of their age. It extends to people age 40 and older. The ADEA applies to companies with 20 or more employees. It protects employees from disparity in pay and benefits because of age. Here are a few more facts about age discrimination:

  • Employers cannot express an age preference when posting jobs.
  • An employee’s age cannot be a factor in decisions regarding pay, promotions, internships/fellowship programs, lay off or termination.
  • Employers cannot force employees to retire at a certain age—they can however offer incentives for early retirement without violating the ADEA.
  • Employers cannot retaliate against workers if they allege age discrimination in the workplace.

Age discrimination is no different from any other forms of discrimination, and it is unacceptable and illegal in the workplace. This also protects you from harassment about your age—jokes, name calling, etc. If you or your coworkers are subject to age discrimination, you should contact an employment attorney immediately.

Kesluk, Silverstein & Jacob—California employment attorneys



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