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

The Age Discrimination in Employment Act (ADEA) is a federal law that protects workers aged 40 and over from discrimination in the workplace. This law prohibits employers in Washington from discriminating against employees and job applicants on the basis of age. This includes hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits and any other term or condition of employment. The ADEA applies to employers with 15 or more employees, including state and local governments, employment agencies, and labor organizations. In Washington, employers are prohibited from setting a minimum age requirement for job applicants, and from discriminating against applicants based on their age. The ADEA also requires employers to show that age was not a factor in employment decisions, unless age is a “bona fide occupational qualification” or “BFOQ”. This means that employers can make decisions based on age as long as it is related to the actual requirements of the job. Under the ADEA, it is illegal for employers to harass employees on the basis of their age. This includes any form of unwelcome conduct such as jokes, insults, or offensive remarks. Employers in Washington must also provide reasonable accommodations to allow older workers to do their jobs. The ADEA also makes it illegal for employers to retaliate against workers who oppose any form of discrimination, participate in investigations or file a complaint. Employees in this state who feel they have been discriminated against on the basis of age can file a complaint with the Equal Employment Opportunity Commission (EEOC).

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

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