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

The Age Discrimination in Employment Act (ADEA) is a law designed to protect individuals of ages 40 and older from age-based discrimination in employment. This law prohibits employers from discriminating against employees or potential applicants on the basis of age. It requires employers to treat older employees equally in terms of job duties, opportunities, and wages. The ADEA applies to employers with 20 or more employees and to labor organizations representing four or more employers. It applies to a number of different types of businesses and organizations, such as private employers, state and local governments, the U.S. federal government, labor organizations, labor-management committees, and employment agencies. The ADEA prohibits employers from discrimination against individuals who are over the age of 40. That includes making job decisions, such as hiring, firing, promotions, or training, based on a person’s age. Additionally, employers are prohibited from limiting or denying job applications from individuals based on their age. Under the ADEA, employers must also provide equal pay and benefits to employees over the age of 40. In South Carolina, the South Carolina Human Affairs Law also provides protection against age discrimination. This law applies to employers with 15 or more employees and protects both younger and older workers from discrimination based on age.

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