Age Discrimination in Employment Act - Scope of Protection

Scope of Protection

The ADEA includes a broad ban against age discrimination and also specifically prohibits:

  • Discrimination in hiring, promotions, wages, or termination of employment and layoffs.
  • Statements or specifications in job notices or advertisements of age preference and limitations.
  • Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing full benefits to younger workers.
  • Since 1986 it has prohibited mandatory retirement in most sectors, with phased elimination of mandatory retirement for tenured workers, such as college professors, in 1993.

Mandatory retirement based on age is permitted for:

  • Executives over age 65 in high policy-making positions who are entitled to a pension over a minimum yearly amount.

Read more about this topic:  Age Discrimination In Employment Act

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