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Key Facts
- Federal level: The ADEA protects employees and applicants age 40 or older from specified age discrimination.
- Federal level: The private-sector provisions generally cover employers with 20 or more employees, while federal-sector language uses a separate personnel-action rule.
- Federal level: Age may be considered only under narrow statutory exceptions, including a genuine bona fide occupational qualification.
- Federal and state: State and local laws may cover smaller employers, protect younger workers, or use different procedures.
The Age Discrimination in Employment Act, or ADEA, is the principal federal law addressing age discrimination at work. It protects people age 40 and older in hiring, discharge, compensation, and other terms, conditions, or privileges of employment.
Coverage depends on the employer and employment relationship
The ADEA generally applies to private employers with 20 or more employees, employment agencies, labor organizations, and state and local governments. Independent-contractor relationships generally fall outside the employee protections, although the label used by the parties does not alone resolve status.
Federal employees and applicants are covered by a separate federal-sector provision requiring personnel actions affecting individuals age 40 or older to be free from age discrimination. Federal-sector administrative procedures differ from the charge process used for private, state, and local employment.
The law protects against more than termination
The statute reaches hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and other employment terms. It also generally prohibits age preferences or limitations in job notices unless a statutory exception applies.
Retaliation is separately prohibited when a person opposes conduct made unlawful by the ADEA, files a charge, or participates in an ADEA proceeding. Retaliation and the underlying discrimination allegation are distinct claims.
Age can matter only in narrow circumstances
The bona fide occupational qualification, or BFOQ, exception permits age-based action when age is reasonably necessary to the normal operation of the particular business. The exception is narrow and does not permit generalized assumptions about older workers.
The statute also addresses bona fide seniority and employee-benefit plans, discipline or discharge for good cause, and certain high-level executives and public-safety positions. Each exception has its own conditions.
ADEA waivers must satisfy the OWBPA
The Older Workers Benefit Protection Act sets minimum conditions for a knowing and voluntary waiver of ADEA claims. A waiver must be written in understandable language, specifically refer to ADEA rights, provide consideration beyond what is already owed, and advise consultation with an attorney.
An individual generally receives at least 21 days to consider a waiver and seven days to revoke it. A group termination or exit-incentive program generally requires at least 45 days plus written information about the decisional unit, eligibility factors, time limits, and ages and job titles of selected and nonselected individuals.
A waiver cannot cover rights or claims arising after execution, and it cannot prevent filing a charge with or participating in an EEOC investigation.
EEOC timing varies by jurisdiction and sector
A private-sector ADEA charge generally must be filed within 180 days, extended to 300 days where a state law prohibits age discrimination and a state agency enforces that law. The exact deadline depends on the jurisdiction and event.
Federal employees generally must contact an agency EEO counselor within 45 days of the discriminatory matter or effective date of a personnel action. Separate rules govern notice of intent to sue directly under the federal-sector ADEA provision.
Proof and remedies depend on the claim
For a private-sector disparate-treatment claim under the ADEA, age generally must be the but-for cause of the challenged action. Federal-sector personnel actions use the Supreme Court’s distinct statutory analysis, though remedies can still depend on whether age caused the outcome.
Available relief may include reinstatement, hiring, back pay, liquidated damages for willful violations, and equitable relief. Compensatory damages for pain and suffering and punitive damages are not available under the ADEA itself.
State law may provide broader coverage or different remedies. The page on federal employment discrimination protections provides related context without replacing an ADEA-specific analysis.
