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What protections are there against age discrimination?

Both federal and state laws provide protections that prevent employers from discriminating against employers on the basis of age. The Age Discrimination Employment Act or ADEA provides protections that prohibit employers from discriminating against applicants that are 40-years-old or older on the basis of age. The ADEA applies to different situations and stages of the employment process, such as the application process, job advertisements, apprenticeship programs, hiring and firing.

The ADEA seeks to protect older workers from age discrimination in several ways. The ADEA prohibits employers from discriminating on the basis of age throughout the employment process including application, interview, hiring, promotions and termination. ADEA protections are thorough and apply to the manner in which employers advertise open positions, conduct the application process, including the interview, conduct the hiring process, compensate workers, perform work evaluations, offer promotions or extend demotions, assign job duties; administer discipline in the workplace and terminate employees.

In addition, the ADEA prevents employers from discriminating against workers who are older when reducing their workforce or forcing older employees to take early retirement. The ADEA includes additional protections for employees and also prevents employer retaliation. Employees cannot be discriminated against for filing a claim against an employer, participating in a claim against an employer or testifying in a claim against an employer.

Job security and the ability to find and obtain a job are important for most individuals and their families. As a result, it can be essential for workers, including workers considered older within the workforce, to understand how to protect themselves from discrimination and when they have been discriminated against.

Source:, "Age Discrimination in Employment," Accessed May 8, 2017

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Law Offices of Allan A. Sigel, P.C.

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