ADEA

What is ADEA? A clear definition with examples, FAQ and related legal terms.

The Age Discrimination in Employment Act (ADEA) was issued in 1967 and signed into law by President Lyndon B. Johnson and prohibits discrimination on the basis of age. While the Act permits certain age distinctions, it prohibits discrimination based on age, and provides…

ADEA — Definition and meaning

The Age Discrimination in Employment Act (ADEA) was issued in 1967 and signed into law by President Lyndon B. Johnson and prohibits discrimination on the basis of age. While the Act permits certain age distinctions, it prohibits discrimination based on age, and provides special protection for employees of 40 years and older. The ADEA promotes equal employment opportunity for employees of all ages. The Act deals with all the stages of employment law, and prohibits discrimination during the hiring, promotion, discharge, compensation or term of employment. The ADEA applies to employers who employ at least 20 employees on a regular basis within the current or prior calendar year and is enforced by the Equal Employment Opportunity Commission. 

The ADEA was enacted as older workers “found themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs” (SEC. 621. [Section 2] of ADEA). Therefore, the Act ensures that the potential for job performance prevails over the setting of arbitrary age considerations. 

The Act prohibits statements of specifications in age preference or limitations, it also prohibits the denial of benefits to older employees when solely based on their age, and prohibits mandatory retirement in most sectors (with the exception of executives over age 65 in high policy-making positions who are entitled to a pension over a minimum yearly amount).

The Act was amended in 1986 and 1991 by the Older Workers Benefit Protection Act, and again by the Civil Rights Act of 1991.

The importance of ADEA

ADEA appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.

How ADEA is applied

In practice, ADEA is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.

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Source: Cornell LII Wex CC BY-SA 2.5

This page is provided for general informational purposes only and does not constitute legal advice. Laws change and definitions can vary by jurisdiction. Consult a licensed attorney for advice on your specific situation.

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