Despite the establishment of the Age Discrimination in Employment Act (ADEA) in 1967, today, almost three-quarters (74 percent) of older Americans think their age could be a barrier to getting a new job, according to a January 2025 survey from AARP research.
Congress enacted the federal Age Discrimination in Employment Act (ADEA) to prohibit age discrimination in the workplace and promote the employment of older workers. The ADEA was an integral part of congressional actions in the 1960s to ensure equal opportunity in the workplace, along with the Equal Pay Act of 1963 and the Civil Rights Act of 1964, according to the United States Equal Employment Opportunity Commission (EEOC). Together, these laws aimed to transform the workplace by breaking down barriers to opportunity and building foundations of equality and fairness, according to the EEOC.
And ironically, contrary to today's stereotypes, workers age 50 and up are among the most engaged members of the workforce, according to AARP, with 65 percent of employees age 55 and up "engaged," compared to 58 percent to 60 percent of younger employees. They also offer employers lower turnover rates and greater levels of experience, according to AARP.
Yet, age discrimination remains rampant. And illegal.
Age Discrimination
Age discrimination is illegal at any stage of employment, including during hiring, promotions, raises and layoffs, as stated in the ADEA. In 2024, the EEOC received 16,223 charges of age discrimination, an increase from the 14,144 charges reported in 2023 and the 11,500 charges reported in 2022, according to AARP.
At a meeting held in recognition of the 50th anniversary of the ADEA in 2017, officials told the EEOC that "[p]ersistent age discrimination and stereotypes about older workers continue to channel older workers out of the workforce, limiting further economic growth. With so many more people working and living longer, we can't afford to allow age discrimination to waste the knowledge, skills, and talent of older workers," according to the EEOC.
The ADEA forbids age discrimination against people who are age 40 or older, according to the EEOC. Specifically, according to the ADEA, the following is prohibited:
- discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment;
- harassment of a person because of his or her age, including, for example, offensive or derogatory remarks about a person's age; and
- employment policies or practices that apply to everyone, regardless of age, that would be illegal if they pose a negative impact to applicants or employees age 40 or older and are not based on a reasonable factor other than age.
According to AARP, the ADEA applies to:
- employers with at least 20 employees;
- employment agencies;
- the federal government;
- state and local government (though remedies are often limited); and
- labor organizations with at least 25 members.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40. In addition, the harasser can be the victim's supervisor, a supervisor in another department, a co-worker, or someone who may not necessarily be an employee of the employer, such as a client or customer, according to the EEOC.
Many states have additional age discrimination laws, some of which apply to employers with fewer than 20 employees. In Texas, for example, state age discrimination laws apply to employers with 15 or more employees. In New York State, the number is four or more employees.
Employers should ensure that they have updated policies and procedures in place to prevent age discrimination in the workplace and in their hiring practices. According to AARP, employers should be aware that they cannot:
- discuss age or specify that a particular age is preferred in job ads and recruiting materials;
- establish age limits for training programs;
- retaliate against employees if they file age discrimination claims or assist with age discrimination investigations; or
- force an employee to retire at a certain age (except for certain exceptions).
It should also be noted that employers should not ask employees questions about race, sex, disability, religion and national origin, among others, rights covered under the Title VII (civil rights), Americans with Disabilities Act, Equal Pay Act and GINA (Genetic Nondiscrimination Act).
Employers should seek a labor and employment attorney to review their current workplace and hiring practices to ensure that they comply with all federal and state laws regarding age as well as all other forms of discrimination.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
