What is the Age Discrimination in Employment Act (ADEA)?
The Age Discrimination in Employment Act (ADEA) is a federal law that protects individuals aged 40 and over from discrimination in the workplace. It was passed in 1967 to prevent employers from discriminating against workers based on their age. In California, the law applies to employers with five or more employees, regardless of whether the employer is a public or private employer. The ADEA prohibits employers from treating older employees differently than younger workers in any aspect of employment, such as job applications, promotions, demotions, compensation, layoffs, and training. Employers cannot set different standards or requirements based on age, such as qualification or educational requirements, or use age as a factor in making decisions about hiring, firing, layoffs, or promotions. In addition, employers are prohibited from retaliating against workers who bring age discrimination claims or assist in investigating such claims. It is also illegal for employers to retaliate against an employee for filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC), or for participating in a discrimination investigation. Employers must also take steps to ensure their workplace environment is free from harassment or discrimination based on age. The ADEA prohibits employers from creating or implementing policies or practices that have the effect of discriminating against older workers, such as enforcing a mandatory retirement age.
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