Legal Definitions - Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) is a federal law in the United States designed to protect individuals aged 40 and older from discrimination in employment. This law prohibits employers from making unfair decisions based on a person's age regarding hiring, firing, promotion, compensation, job assignments, or any other terms and conditions of employment. The ADEA applies to private employers with 20 or more employees, as well as to state and local government employers.

Here are some examples of how the ADEA applies:

• Hiring Decisions: A highly qualified candidate, Maria, 55, applies for a senior management position. Despite her extensive experience and impressive track record, the hiring manager expresses concerns to a colleague that Maria might not be "a good cultural fit" for their "young and dynamic team," and ultimately hires a less experienced candidate who is 32. This situation could be a violation of the ADEA if Maria was denied the job due to age-related stereotypes rather than her qualifications.

• Promotion and Advancement: John, 48, has consistently received excellent performance reviews as a sales director for over a decade. When a regional vice president position becomes available, he applies and is a strong contender. However, the company promotes a 35-year-old colleague, citing the need for "new blood" and "long-term vision" for the role, subtly implying John's age might limit his future contributions. If John was passed over for promotion primarily because of his age, this could constitute age discrimination under the ADEA.

• Layoffs and Termination: A large corporation announces a restructuring that involves significant layoffs. Out of 50 employees laid off, 40 are over the age of 50, even though many of them had strong performance records and critical institutional knowledge. If the company cannot demonstrate legitimate, non-discriminatory reasons for this disproportionate impact on older workers, and age was a determining factor in who was selected for layoff, it could be a violation of the ADEA.