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 employees and job applicants based on age. It applies to employers with 20 or more employees, including state and local governments. The ADEA prohibits employers from discriminating against workers and job applicants who are age 40 or older. It outlaws unfair practices such as refusing to hire someone because of their age, setting different terms and conditions of employment based on age, and forcing workers to retire at a certain age. Additionally, employers are prohibited from publishing job postings that advertise a preference based on age, as well as making decisions such as layoffs, promotions, or pay raises that are based on age. In West Virginia, the Human Rights Commission is responsible for enforcing the ADEA and other laws that prohibit age discrimination. Workers can file a complaint with the Commission, and the agency will investigate the complaint to determine if discrimination occurred. If discrimination is found, the employer may have to pay penalty fees or compensation to the employee. The Commission may also recommend changes to the employer’s policies and practices, and issue warnings or sanctions if needed. The ADEA is important because it helps to protect employees from unfair age discrimination in the workplace. It ensures that individuals can continue to work and pursue their career goals without facing discrimination or unfair treatment due to their age.
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