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Employer Assistance & Resource Network on Disability Inclusion (EARN): A service of The Viscardi Center.
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Age Discrimination in Employment Act

Under the Age Discrimination in Employment Act of 1967 (ADEA), it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment including:

  • Hiring
  • Firing
  • Promotion
  • Layoff
  • Compensation and benefits
  • Job assignments
  • Training

ADEA applies to:

  • Individuals who are 40 years of age or older
  • Employees and job applicants
  • Employers with 20 or more employees, including:
    • State and local governments
    • Employment agencies and labor organizations
    • The federal government

The ADEA does not prohibit employers from favoring older workers over younger workers (even while the younger workers in question are age 40 or older.)


Other Resources

Return to Work Toolkit<>
This Department of Labor, Office of Disability Employment Policy resource provides information, tools, strategies and resources to assist employees and employers with the return-to-work process.

Staying Ahead of the Curve 2013: The AARP Multicultural Work and Career Study<>
This 2013 report by AARP examines the experiences, opinions and expectations of older workers and provides examples of workforce practices employers have engaged in to address the needs of an aging workforce.

Employees Who Are Aging <>
This resource from the Job Accommodation Network's Accommodation and Compliance Series addresses issues relating to the aging workforce and considerations for accommodations and flexibility in the workplace.

Recruitment and Retention of Older Workers: Considerations for Employers< >
This Institute for Community Inclusion brief discusses the motivational factors that drive companies to focus on older workers, the cultural contexts of businesses that have undertaken these practices, and the range of recruitment and retention practices and initiatives used by employers. It also offer suggestions to employers on the relevance of the findings to their own workplace practices, initiatives, and cultures.

Page last updated on Tuesday, January 28, 2014