What is the Age Discrimination in Employment Act (ADEA)?

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against workers 40 years and older. The main purpose of the law is to protect workers from age-based discrimination in all phases of employment, including hiring, firing, promotions, wages, benefits, and any other term or condition of employment. In Texas, employers are prohibited by the ADEA from discriminating against an employee or potential employee based on age. Employers may not refuse to hire or fire an individual solely on the basis of the individual’s age, nor can they limit, segregate, or classify employees in any way to deprive the individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of his or her age. In addition, employers in Texas cannot deny employment opportunities to an individual based on his or her age, nor can they refuse to pay or promote an employee based on age. Furthermore, employers cannot provide a less favorable benefit package to individuals over the age of 40 due to their age, nor can they refuse to hire qualified applicants based on their age. Finally, employers in Texas must not allow harassing behavior based on age. This includes making or tolerating comments about age, using age as a basis for decision-making, or using age as a basis for unequal treatment. If an employee feels he or she has been the victim of age discrimination, he or she may file a complaint with the Equal Employment Opportunity Commission.

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