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.
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