What is the Age Discrimination in Employment Act?
The Age Discrimination in Employment Act (ADEA) is a federal law that was created to protect individuals aged 40 or older from being discriminated against in the workplace. In Virginia, it is illegal for employers to make decisions such as hiring, firing, promoting, or demoting an individual on the basis of age. The ADEA has a broad scope and applies to most types of employment, including private, federal, and state employers that have more than 20 employees. In addition, the law prohibits employers from using age as a reason to deny benefits such as vacation time, health insurance, or pensions. In addition to protecting older workers from discrimination, the ADEA also prohibits employers from setting different standards for workers based on age. For example, employers cannot require higher physical abilities of employees that are over the age of 40. Though the ADEA does provide protection for people 40 years old and up, employers can still terminate or demote an employee based on their level of performance, as long as the decision is not based on age. This means that employers are allowed to expect a certain amount of productivity from all employees, regardless of their age. The ADEA is enforced by the Equal Employment Opportunity Commission, which is responsible for investigating any violations of the law. If you believe that you have been discriminated against based on your age, you are encouraged to contact the EEOC for assistance in filing a complaint.
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