What is the Age Discrimination in Employment Act (ADEA)?
The Age Discrimination in Employment Act (ADEA) is a federal law that protects workers age 40 or older against discrimination in the workplace. This law was enacted in 1967 and covers most employers in Kansas with 20 or more employees. The ADEA protects workers from discrimination based on age in matters of hiring, firing, pay, promotions, job assignments, benefits, leaves of absence, or any other condition of employment. The ADEA also forbids employers from taking retaliatory action such as discrimination or firing against a worker for filing a discrimination claim related to age. The ADEA applies to employers, employment agencies, and labor organizations. It does not apply to members of the military or to the federal government. It also does not apply to workers under the age of 40. Employers may not require or even expect workers to disclose their age as a condition of employment. Employers must also not use language in job postings that could indicate an age limit or preference. For example, they may not state that only a certain age range may apply or that they prefer workers with certain amounts of experience. It’s important to note that the ADEA does not prevent employers from using reasonable factors such as experience, qualifications, training, or education that may disproportionately affect workers over the age of 40, as long as the employer is not using age as the primary factor to make employment decisions.
Related FAQs
Can an employer ask for medical information from an employee?What are the rights of employees who become pregnant?
What are the employee benefits available under the Affordable Care Act (ACA)?
Are employers allowed to require employees to sign a non-disclosure agreement?
Are employers allowed to ask job applicants about their religion?
Are employers allowed to ask questions about previous salary history?
What is the difference between a company policy and an employment agreement?
Are employers allowed to require employees to submit to a polygraph test as a condition of employment?
Are employers allowed to conduct background checks on job applicants?
What are the requirements for providing a safe and healthy work environment?
Related Blog Posts
Employment Law Overview: What Employers Need to Know - July 31, 2023Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023