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FAQ

Under the ADEA, it is unlawful to discriminate against any individual who is 40 years of age or older because of age in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.

To have a prima facie case of age discrimination, an employee must establish that: They are 40 years old or older (or the protected age class as defined by state statute) Their job performance is satisfactory. Adverse job action was taken against them (e.g., termination, demotion, or a pay cut)

The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from age based employment discrimination. The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees.

Proving Age Discrimination Happened to You Show that you are in the protected age class. ... Prove that you were replaced by a significantly younger person. ... Prove that a policy was implemented that detrimentally impacted and/or targeted older workers. ... Prove that younger employees of similar capabilities were treated better.

Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promoting, layoff, compensation, benefits, job assignments, and training.