ADEA - Age Discrimination in Employment Act

The ADEA protects employees age 40 and over from age discrimination in all aspects of employment. That means employers must be alert for signs of age discrimination in application processes, hiring and firing decisions, promotion and demotion assignments and all terms and conditions of employment, including the possibility of age harassment.  Among the traps that lay in wait for employers are age-related comments and jokes that trigger hostile environment claims and statistics that employee lawsuits use to "prove" age as a motivating factor in a reduction-in-force. Continue ADEA

 

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FAQs

1. Does an employee have to prove that he/she was replaced by an under-40 employee in order to level claims of age discrimination?
2. Must an employee prove that an employer's decision to terminate him/her was motivated by age bias in order to prevail under the ADEA?
3. Can age-related comments and jokes be used as proof of a hostile environment?
4. Are "help wanted" ads that state that an applicant must be "young, energetic, and possess excellent customer relations skills" illegal?

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U.S. Supreme Court's 2008-2009 Employment Law Decisions