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Age Discrimination in Employment Act (ADEA)

1967

29 U.S.C. § 621 et seq.

📌 Link to the Text of the Act

Read the statute (29 U.S.C. § 621 et seq.)

📌 Why It Was Done

The ADEA was enacted to protect workers aged 40 and older from employment discrimination, addressing widespread workplace bias against older employees.

📌 Pre-existing Law or Constitutional Rights

The Civil Rights Act of 1964 prohibited discrimination based on race, color, religion, sex, and national origin—but not age. The ADEA filled this gap in employment protections.

📌 Overreach or Proper Role?

Supporters argue it ensures fairness for older workers, promoting experience and stability in the workforce. Critics claim it restricts employers’ ability to make workforce decisions and leads to costly litigation.

📌 Who or What It Controls

  • •
    Employers with 20 or more employees
  • •
    Employment agencies and labor organizations
  • •
    Employees and applicants aged 40 and older

📌 Key Sections / Citations

  • •
    29 U.S.C. § 623: Prohibits age discrimination in hiring, firing, compensation, and terms of employment
  • •
    29 U.S.C. § 626: Enforcement by EEOC, private lawsuits, and remedies

📌 Recent Changes or Live Controversies

  • •
    Supreme Court has narrowed some claims, requiring proof that age was the “but-for” cause of discrimination
  • •
    Ongoing debates about workplace retirement policies and mandatory retirement ages
  • •
    Increased focus on age bias in tech and high-turnover industries

📌 Official Sources