Age Discrimination EEOC

The U.S. government has enacted a great deal of regulation focused on preventing all types of discrimination, including age discrimination, in the workplace. The Federal laws prohibiting age discrimination in the workplace are enforced by the U.S. Equal Employment Opportunity Commission ("EEOC"). The EEOC enforces the Age Discrimination in Employment Act of 1967 ("ADEA"), which focuses on providing protection to employees over 40 years of age. The ADEA prohibits employers from making employment hiring decisions based solely on a candidate's age, and also prohibits employers from treating employees differently (whether better or worse) because of their age. The ADEA applies to federal, state and local governments, employers with at least 20 employees, and employment agencies and labor organizations. The Civil Rights Act of 1991, which provides many different protections, allows for money damages where employment and age discrimination was intentional on the part of the employer. If an employee or candidate suspects that they have been the target of age discrimination, EEOC encourages those individuals to file complaints within 180 days of the alleged discrimination.

Fast Facts

  • According to their website, EEOC received over 24,500 charges of age discrimination in 2008, of which over 21,400 were resolved for a combined recovery of over $82 million.
  • The ADEA does not specifically prohibit an employer from asking the age or date of birth of an applicant; however, such requests for information must be made for a lawful, non-discriminatory purpose.

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