Release Date: 02/ 23/ 2006
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years old or older from being fired, refused a job, forced to retire, and treated unfairly with payment, promotions, benefits, health care coverage, retirement plans, and other employment opportunities based on age. The ADEA only applies to employers with more than 20 employees.
Specific Prohibitions:
- Advertising age preference and limitations in job notices.
- Denying benefits to older employees.
- Limiting the age for apprenticeship programs.
- Imposing involuntary retirement before age 70.
- Firing or refusing to hire employees based on age.
- Inquiring about an applicant’s age for a purpose prohibited by the ADEA.
Exceptions:
- The ADEA allows age restrictions in circumstances where age is shown to be a “bona fide occupational qualification”.
- The ADEA allows reduction of benefits based on age if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
- The ADEA allows age limitations in some apprenticeship programs if they fall within certain specific exceptions under the act or if the EEOC grants a specific exemption.
Requirements for a valid ADEA waiver:
- Must be in writing and be understandable;
- Must specifically refer to ADEA rights or claims;
- May not waive rights or claims that may arise after the signing of the waiver;
- Must be in exchange for consideration in addition to any value the employee is already entitled to;
- Must advise the individual in writing to consult an attorney before signing; and
- Must provide the individual at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing it.
Punishment for interfering with the work of authorized EEOC representatives:
- Fine of not more than $500;
- Imprisonment for not more than one year;
- Or both, provided that no person shall be imprisoned under ADEA, except where there has been a previous conviction.
For a complete copy of this law or any other information, please refer to the U.S. Equal Employment Opportunity Commission at 1-800-669-4000 or visit their Web site at www.eeoc.gov.
