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Who is covered by the ADEA in California?

On Behalf of | Aug 11, 2023 | Employment Law

The federal Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination by employers against employees aged 40 years or older. The ADEA applies to all employers with fifteen or more employees, including government employers.

The ADEA does not protect employees younger than 40 years old and does allow for mandatory retirement age requirements in some instances. However, some states have versions of the ADEA that may cover these workers. Additionally, the National Labor Relations Board has ruled that some types of age discrimination are unlawful under the National Labor Relations Act.

What are different forms of age discrimination in employment?

Age discrimination in employment can take many forms such as the following:

  • Refusing to hire an older worker because of the age difference between the applicant and the position.
  • Refusing to promote an older worker because of the age difference between the applicant and the position.
  • Treating an older worker less favorably than a younger worker for similar work.
  • Using age as a factor when deciding who to fire or demote.

Does the EEOC have a role in cases of age discrimination in employment?

The Equal Employment Opportunity Commission (EEOC) is a federal agency that protects employees from discrimination in the workplace. The EEOC prohibits employers from discriminating against employees based on their age, which includes hiring, firing, promotion, compensation, and other terms and conditions of employment. The EEOC also prohibits retaliation against employees who raise allegations of age discrimination.

Filing a claim

To file a claim an employee must file a written complaint with the EEOC. The EEOC will investigate the claim and may require the employer to provide documentation related to the allegations. If the EEOC finds evidence of discrimination, it may take various actions, including filing a lawsuit on behalf of the employee.