The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 and older from age discrimination in employment, making them a protected class in the limited context of employment. Under the ADEA, no person can:
The ADEA does not apply to all employees and employers. Generally, the ADEA applies to:
Individuals who are not protected by ADEA include:
However, even if the ADEA does not apply to you, every state except South Dakota prohibits age discrimination in employment. Often, state laws provide greater protection than federal law by including people younger than 40.
The Federal Older Workers Benefit Protection Act also protects against age discrimination. The Act's provisions:
If you believe that you are a victim of age discrimination, you should file a complaint with the Equal Employment Opportunity Commission (EEOC). If the EEOC does not resolve your complaint, you should consider contacting an experienced employment lawyer. An employment lawyer can help you sue your former employer for discrimination.
Last Modified: 05-16-2018 10:54 PM PDTLaw Library Disclaimer
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