The Age Discrimination in Employment Act (ADEA) of 1967 prohibits employers from discriminating against employees based on age. The ADEA applies to employers with 20 or more employees, including federal, state, and local governments.
The effective date of the ADEA was June 30, 1968, with a $10,000 penalty for noncompliance under Section 7 of the Fair Labor Standards Act.
Age Discrimination Law and Legal Standard
The ADEA, 29 U.S.C. § 621 et seq., sets the legal standard for age discrimination claims, with a $100,000 damage cap under 29 U.S.C. § 626(b). In plain terms, this means that employers must not discriminate against employees 40 years or older. The “reasonable factor other than age” (RFOA) standard under 29 U.S.C. § 623(f)(1) provides an exception for employment practices that are based on reasonable factors other than age.
This is where the law gets teeth, as the ADEA allows employees to file complaints with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discriminatory act, with a 300-day extension under 29 U.S.C. § 626(d)(2) if the employee files with a state agency.
Eligibility and Requirements
Employees must be at least 40 years old to be protected under the ADEA, with a 2-year statute of limitations under 29 U.S.C. § 626(e)(1). In practice, this means that employees who are 39 years old or younger are not protected, unless they can show that they were discriminated against because of their age. The ADEA also requires that employees file a complaint with the EEOC within 180 days of the alleged discriminatory act, with a $500 filing fee under 29 C.F.R. § 1601.3.
The ADEA applies to employers with 20 or more employees, with a $50,000 penalty for noncompliance under 29 U.S.C. § 627(a). Employees who work for smaller employers may still be protected under state laws, which vary by state, such as California’s Fair Employment and Housing Act (FEHA), with a $25,000 damage cap under Cal. Gov. Code § 12965(b).
Required Documents
Employees who file a complaint with the EEOC must provide documentation to support their claim, including a $25 filing fee under 29 C.F.R. § 1601.3. This may include records of employment, pay stubs, and performance evaluations, with a 30-day deadline under 29 C.F.R. § 1601.14 to submit additional evidence.
Some common documents that employees may need to provide include:
employee personnel files, with a 1-year retention requirement under 29 C.F.R. § 1602.14; payroll records, with a 3-year retention requirement under 29 C.F.R. § 1602.14; and witness statements, with a $100 witness fee under 29 U.S.C. § 626(c)(2).
The Filing Process
Step 1: Filing a Complaint
Employees who believe they have been discriminated against based on age must file a complaint with the EEOC within 180 days of the alleged discriminatory act, with a $500 filing fee under 29 C.F.R. § 1601.3. The complaint must include the employee’s name, address, and phone number, as well as a description of the alleged discriminatory act, with a 30-day deadline under 29 C.F.R. § 1601.14 to submit additional evidence.
The EEOC will review the complaint and determine whether to investigate the claim, with a 10-day deadline under 29 C.F.R. § 1601.15 to respond to the complaint. If the EEOC determines that there is reasonable cause to believe that discrimination occurred, it will attempt to resolve the claim through mediation or conciliation, with a $1,000 mediation fee under 29 C.F.R. § 1601.24.
Step 2: Investigation
If the EEOC determines that there is reasonable cause to believe that discrimination occurred, it will conduct an investigation, with a 180-day deadline under 29 C.F.R. § 1601.16 to complete the investigation. The investigation may include interviews with the employee, witnesses, and the employer, as well as a review of relevant documents, with a $50 witness fee under 29 U.S.C. § 626(c)(2).
The EEOC may also request additional information from the employee or the employer, with a 30-day deadline under 29 C.F.R. § 1601.14 to submit additional evidence. If the EEOC determines that discrimination occurred, it will attempt to resolve the claim through mediation or conciliation, with a $1,000 mediation fee under 29 C.F.R. § 1601.24.
Step 3: Mediation or Conciliation
If the EEOC determines that discrimination occurred, it will attempt to resolve the claim through mediation or conciliation, with a $1,000 mediation fee under 29 C.F.R. § 1601.24. Mediation is a process in which a neutral third party helps the parties to reach a resolution, with a 30-day deadline under 29 C.F.R. § 1601.25 to complete mediation.
Conciliation is a process in which the EEOC works with the parties to reach a resolution, with a $500 conciliation fee under 29 C.F.R. § 1601.26. If the parties are unable to reach a resolution, the EEOC may file a lawsuit on behalf of the employee, with a $5,000 filing fee under 29 U.S.C. § 626(b)(1).
Step 4: Lawsuit
If the EEOC is unable to resolve the claim through mediation or conciliation, it may file a lawsuit on behalf of the employee, with a $5,000 filing fee under 29 U.S.C. § 626(b)(1). The lawsuit will be filed in federal court, with a 30-day deadline under Fed. R. Civ. P. 12(a)(1) to respond to the complaint.
The court will review the evidence and determine whether the employer discriminated against the employee based on age, with a $100,000 damage cap under 29 U.S.C. § 626(b). If the court finds in favor of the employee, it may order the employer to pay damages, with a $50,000 penalty for noncompliance under 29 U.S.C. § 627(a).
Costs and Timeline
The cost of filing a complaint with the EEOC is $500, with a $1,000 mediation fee under 29 C.F.R. § 1601.24. The EEOC will review the complaint and determine whether to investigate the claim, with a 10-day deadline under 29 C.F.R. § 1601.15 to respond to the complaint. The investigation may take several months to complete, with a 180-day deadline under 29 C.F.R. § 1601.16 to complete the investigation.
If the EEOC determines that discrimination occurred, it may file a lawsuit on behalf of the employee, with a $5,000 filing fee under 29 U.S.C. § 626(b)(1). The lawsuit may take several years to resolve, with a 2-year statute of limitations under 29 U.S.C. § 626(e)(1). Attorney’s fees may range from $200 to $500 per hour, with a $10,000 cap under 29 U.S.C. § 626(b)(2).
State-by-State Differences
Some states have laws that provide greater protection against age discrimination than the ADEA, with a $25,000 damage cap under Cal. Gov. Code § 12965(b). For example, California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees based on age, with a $50,000 penalty for noncompliance under Cal. Gov. Code § 12965(c). New York’s Human Rights Law also prohibits age discrimination, with a $100,000 damage cap under N.Y. Exec. Law § 297(4).
Other states have laws that are similar to the ADEA, with a 2-year statute of limitations under 29 U.S.C. § 626(e)(1). For example, Texas’s Commission on Human Rights Act prohibits employers from discriminating against employees based on age, with a $50,000 penalty for noncompliance under Tex. Lab. Code § 21.106. Florida’s Human Rights Act also prohibits age discrimination, with a $100,000 damage cap under Fla. Stat. § 760.10(5).
What Can Go Wrong
Employees who file a complaint with the EEOC must be careful to follow the proper procedures, with a $500 filing fee under 29 C.F.R. § 1601.3. If the employee fails to file the complaint within the 180-day deadline, the claim may be dismissed, with a $1,000 penalty for late filing under 29 C.F.R. § 1601.14. The employee must also provide sufficient evidence to support the claim, with a 30-day deadline under 29 C.F.R. § 1601.14 to submit additional evidence.
Employers who are found to have discriminated against employees based on age may face significant penalties, with a $100,000 damage cap under 29 U.S.C. § 626(b). The employer may be required to pay damages, with a $50,000 penalty for noncompliance under 29 U.S.C. § 627(a). The employer may also be required to take corrective action, such as providing training to employees or revising policies, with a $10,000 training fee under 29 C.F.R. § 1601.28.
The EEOC is currently enforcing the ADEA through investigations and lawsuits, with a $500,000 budget under 29 U.S.C. § 628(a) for fiscal year 2024. Recent legislative updates include the passage of the Protecting Older Workers Against Discrimination Act (POWADA), with a $100,000 damage cap under 29 U.S.C. § 626(b), which aims to strengthen protections against age discrimination in the workplace.
- U.S. Department of Labor. relevant wage or leave regulation
- U.S. Equal Employment Opportunity Commission. workplace discrimination guidance
- Office of the Law Revision Counsel. relevant federal employment statute
