By 
Congress enacted the Age Discrimination in Employment Act (ADEA) in 1967 to prohibit age discrimination in the workplace.
The ADEA protects male and female employees and job applicants who are over the age of 40 from discrimination against him or her on the sole basis of their age and with respect to:
- Hiring
- Firing
- Promotion
- Layoff
- Compensation
- Benefits
- Training
- Job Assignments
- Employment Advertising
It’s important to note that the ADEA applies to employers who have 20 or more employees. These “employers” includes individuals, partnerships, employment agencies, labor organizations, and corporations as well as local, state and federal governments.
The ADEA makes it illegal for employers to retaliate against employees for raising opposition to employment practices that they claim allegedly discriminates against them based on age. If an employee files a complaint, alleging age discrimination, an employer cannot retaliate against them for filing, testifying, or for participating in investigations or proceedings.
To further protect older workers, Congress passed the Older Workers Benefit Protection Act (OWBPA) in 1990. This Act was created to protect older workers’ employment benefits. It makes sure that employers pay the same amount for benefits for older employees as they pay for younger employees.
Additionally, in 2009, President Obama signed the Lilly Ledbetter Fair Pay Act into law, extending the window of time an employee has to file a claim of pay discrimination.
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