Age Discrimination in Employment Act (1967)
10 July 2006Age Discrimination in Employment Act (1967), 29 U.S.C. §§621-634
Coverage and Prohibition: Employers that are engaged in an industry affecting commerce and who have 20 or more employees are prohibited from discriminating against individuals on the basis of age in hiring or discharge decisions or with respect to compensation, terms, conditions, or privileges of employment. The Act protects employees who are at least 40 years old. Under amendments to the Act, there is no upper limit to the protected age range. Employees of federal, state, and local governments also are protected.
Enforcement: The Act is administered by the Equal Employment Opportunity Commission (“EEOC”). Aggrieved employees are required to file a charge with the agency, and the agency must be given time to attempt conciliation before a complainant may bring a private suit. Private suits under the Act are tried to a jury except in the case of federal employees.
Remedies: Monetary damages for back pay and other benefits withheld are the standard remedies, but liquidated damages equal to the amount of back pay awarded can be assessed if the employer’s violation is willful. Remedies of reinstatement, retroactive seniority, and appropriate equitable relief (e.g., an injunction) also are available. Attorney’s fees may be awarded to successful plaintiffs. (For an important amendment to the ADEA, see Older Workers Benefit Protection Act, below.)
Related Regulations:
EEOC: Age Discrimination in Employment Act, Interpretive Rules, 29 C.F.R. Part 1625.
EEOC: Age Discrimination in Employment Act, Procedural Rules, 29 C.F.R. Part 1626.
EEOC: Records to be Made or Kept Relating to Age, 29 C.F.R. Part 1627.
Department of Labor, Interpretive Bulletin on Employee Benefit Plans, 29 C.F.R. §1625.10.
WordPress database error: [Can't open file: 'wp_comments.MYI' (errno: 145)]
SELECT * FROM wp_comments WHERE comment_post_ID = '37' AND comment_approved = '1' ORDER BY comment_date
