What is the Age Discrimination in Employment Act?

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against workers and job applicants who are 40 years of age or older. The ADEA applies to businesses with 20 or more employees, as well as state and local governments, employment agencies, and labor organizations. The ADEA forbids employment practices that discriminate based on age, such as: refusing to hire people because of their age; setting different standards for hiring, firing, or promoting applicants and employees because of their age; and offering different pay-scales based on age. Under the ADEA, employers may also not limit or reduce an employee’s job duties, opportunities or benefits based on their age. In addition, employers may not force their employees to retire at a certain age. The ADEA does not apply to individuals under the age of 40. Additionally, employers may set different retirement age policies for different positions, but must apply them fairly, without regard to employees’ age. In North Carolina, local and state laws provide additional age-related protections. The North Carolina Human Relations Commission enforces laws that prohibit discrimination based on age. Any person who believes they have been the victim of age discrimination in North Carolina should contact the Commission.

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What is the Age Discrimination in Employment Act?

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