There are several narrow exceptions to the ADEA's anti-discrimination prohibition, including the following:

• It is not a violation of the ADEA where age is a bona fide occupational qualification ("BFOQ") reasonably necessary to the normal operation of the particular business. See Western Air Lines, Inc. v. Criswell, 472 US 400, 105 S Ct 2743, 86 L Ed 2d 321 (1985); 29 C.F.R. § 1625.6.

• Where the distinction is based on reasonable factors other than age. The regulations recognize that "no precise and unequivocal determination can be made as to the scope of the phrase 'differentiation based on reasonable factors other than age.' Whether such differentiations exist must be decided on the basis of all the particular facts and circumstances surrounding each individual situation." See 29 C.F.R. § 1625.7.

• To observe the terms of a bona fide seniority system that is not intended to evade the purposes of the ADEA, except that no such seniority system shall require or permit the involuntary retirement of any individual because of age. See 29 C.F.R. § 1625.8.

• Certain bona fide executive or high policymaking employees are exempted from protection of involuntary retirement under the ADEA. A bona fide executive is 65 or over, has occupied a high policy position for at least 2 years preceding retirement & is entitled to an entitled to an immediate nonforfeitable annual retirement benefits from a designated plan of at least $44,000. See 29 C.F.R. § 1625.12.

• In defined situations, to observe the terms of a bona fide employee benefit plan.

A plaintiff may not file a civil action under the ADEA until 60 days after a charge alleging unlawful discrimination has been filed with the EEOC (or, if earlier, 30 days after receipt of notice of termination of State proceedings). Unless excused by the court, an action must be filed within 90 days after reciept of a right-to-sue letter.

1. Back pay is the most common form of relief. Back pay consists of wages, salary and fringe benefits employee would have earned during the period of discrimination.

2. Attorney’s Fees may be awarded to the prevailing party.

3. Liquidated damages are given where a willful violation occurs. Note that compensatory damages (recovery for pain and suffering, emotional distress, humiliation, or injury to professional reputation) and punitive damages are not remedies under the ADEA.

4. Front pay may be awarded in certain cases. It is designed to restore victims to their "rightful place". It compensates the victim for anticipated future losses.

5. Injunctive relief may also be granted. Such relief might include reinstatement and an order to prevent future discrimination.