What are My Rights Under the Federal ADEA?
The ADEA protects both employees and job applicants. Under this law, it is illegal to discriminate against an individual because of his or her age regarding any term, condition, or benefit of employment.
The ADEA applies to employers who have 20 or more employees and includes protection of:
In the area of age discrimination, it is illegal for an employer who is downsizing to replace older workers with younger ones, for reasons based solely on age.
Exceptions to the ADEA
The practice of offering special packages to workers for early retirement is not considered age discrimination. Also, the Older Worker’s Benefit Protection Act compels employers to provide benefits to older workers that are equal to those given to younger ones.
In the matter of replacing higher-paid workers with those who have less seniority and are paid less, this practice is not considered to be age discrimination unless age is the real factor for the replacement as opposed to wage concerns.
In any case of age discrimination, a federal employment lawyer at the firm can provide the legal counsel you need to address and resolve the matter through the courts.