What is the role of the Age Discrimination in Employment Act in labor law?
The Age Discrimination in Employment Act (ADEA) is a federal law enacted in 1967, which prohibits employers from discriminating against people who are 40 or older based on age. This includes not only hiring and firing practices, but also raises, promotions, and other terms of employment. The purpose of the ADEA is to protect employees and applicants from being discriminated against or harassed due to their age. The law applies to employers with 20 or more employees, and it applies to employers in both the public and private sectors. In New York, the ADEA is enforced by the New York State Division of Human Rights and the U.S. Equal Employment Opportunity Commission (EEOC). If an individual is the victim of discrimination or harassment in the workplace due to their age, they can file an ADEA complaint with either of these agencies. Both state and federal laws provide remedies for age discrimination, including reinstatement, back pay, lost wages and benefits, and other damages. In addition to preventing age discrimination, the ADEA also prohibits mandatory retirement and retaliation for those who speak out against age discrimination. Employers must also make reasonable accommodations for their older employees. Overall, the ADEA is an important part of employment law in New York and the United States. It ensures that age is not used as a basis for discrimination in the workplace, guaranteeing a level playing field for all qualified individuals, regardless of their age.
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