The Age Discrimination in Employment Act (ADEA): A Legal Overview

Jody Feder
Legislative Attorney

This report provides an overview of the Age Discrimination in Employment Act (ADEA) and discusses current legal and legislative developments. The ADEA, which prohibits employment discrimination against persons over the age of 40, was enacted "to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; [and] to help employers and workers find ways of meeting problems arising from the impact of age on employment."

The ADEA, which applies to employers, labor organizations, and employment agencies, makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age." The statute not only applies to hiring, discharge, and promotion, but also prohibits discrimination in employee benefit plans such as health coverage and pensions. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the provisions of the ADEA.

The ADEA applies to employers who have "twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." A labor organization is covered by the ADEA if it "exists for the purpose ... of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment." An employment agency and its agents are subject to the ADEA if the agency "regularly undertakes with or without compensation" the procurement of employees for an employer, other than an agency of the United States. The ADEA also covers congressional and most federal employees.


Date of Report: June 23, 2010
Number of Pages: 17
Order Number: RL34652
Price: $29.95

Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.