Age Discrimination (ADEA)
Older workers are a big part of construction and the trades, and many are skilled and experienced. Federal law protects workers 40 and older from being treated unfairly because of their age. Employers can’t push out experienced workers just because they’re older or more expensive.
- Workers 40+
- Job Seekers
Who is covered
- The Age Discrimination in Employment Act (ADEA) protects people 40 or older.
- It applies to employers with 20 or more employees, plus employment agencies, unions and the government. Many state laws cover smaller employers and younger workers.
- It covers hiring, firing, pay, promotions, layoffs, training, benefits and other terms of employment.
What it prohibits
- Refusing to hire, or firing, someone because of age
- Job ads that prefer younger people (“recent graduate,” “young and energetic” can be red flags)
- Mandatory retirement in most jobs
- Choosing older workers for layoffs because they’re older or cost more
- Harassment about age that creates a hostile workplace, such as constant comments about being “too old”
- Paying older workers less, or denying them training or promotions, because of age
- Retaliating against someone who complains or helps with a complaint
What isn’t age discrimination
- Treating a younger person better than an older one isn’t illegal under the federal ADEA, though some states prohibit it.
- Employers can make decisions based on a reasonable factor other than age, such as skills, performance or a real job requirement.
- A few jobs have legal age limits for safety reasons, such as commercial airline pilots, and some public safety positions.
- Occupational demands, like physical ability tests that are job-related and applied the same way to everyone, can be legal. But assuming older workers can’t do physical work is not.
Layoffs and severance waivers
If you’re offered severance in exchange for giving up your right to sue, a federal law (the Older Workers Benefit Protection Act) sets rules for the waiver to be valid. In general, you must:
- Get a written agreement in plain language that mentions the ADEA
- Get at least 21 days to think it over (45 days in a group layoff), and be told to see a lawyer
- Have 7 days to change your mind after signing
- Get something extra beyond what you were already owed
For group layoffs, the employer must also give information about who was selected and their ages. Talk to a lawyer before you sign anything.
Filing a complaint
- Write down what happened, with dates, names, and comments. Keep copies of reviews, emails, job postings and pay records.
- File a charge with the EEOC (online, by phone at 1-800-669-4000, or at a field office). The deadline is generally 180 days from the discriminatory act, or 300 days if your state has its own age law and agency.
- You usually must file with the EEOC before suing under the ADEA, and the EEOC may investigate or try mediation.
State and local laws may protect more people and have different deadlines, so check with your state civil rights agency. See Discrimination & Harassment and Where to Get Help.
If you’re an older worker
- Keep your training and certifications up to date. See OSHA 10 & 30 Cards and Older Workers on the Job.
- Ask for reasonable accommodations if you have a health condition. See Disability Accommodations.
- Report age-related comments or unequal treatment in writing.
Standards & references
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