10/17/2003
Overview: ADEA prohibits age discrimination against individuals who are 40 years of age or older.
Application: ADEA applies to employers with 20 or more employees. The ADEA applies to both employees and job applicants.
Prohibited Acts: Employers should not discriminate against a person because of his/her age with respect to any term, condition or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training. Employers must not include age preferences, limitations or specifications in job notices or advertisements unless age is inseparable from the job. Record-keeping Requirements: Employers should retain:
- all payroll records for at least 3 years after an employee's termination; and
- any employee benefit plan while in effect and for at least 1 year after termination; and
- any written or seniority or merit system while the system was in effect and for at least 1 year after an employee's termination.
Notice: The notice, Equal Employment Opportunity is the Law, must be posted where employees can readily see it. A copy of this notice is available in the NFIB Legal Foundation's new Federal Employee Handbook for Independent Business.
Additional Information: For more information, please refer to Equal Employment Opportunity Commission's (EEOC) Web site at http://www.eeoc.gov or locate the nearest EEOC field office in your area by calling 800.669.4000.
