The Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act protects older workers from being pushed out or passed over because of their age. It makes it illegal for a covered employer to discriminate against employees and applicants who are 40 or older in hiring, firing, pay, promotions, layoffs, training, and benefits.

A few features set it apart. It only protects the 40-and-over group — favoring an older worker over a younger one isn’t what the law targets. It also bars age-based harassment and policies that, while neutral on their face, disproportionately harm older workers without a reasonable basis.

Proving an ADEA claim can be harder than other discrimination claims. Under Gross v. FBL Financial Services, you generally must show age was the “but-for” cause of the employer’s decision — not merely one factor among several. Like Title VII, the ADEA is enforced by the EEOC, and the same short filing deadlines apply, so acting quickly matters.