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Age Discrimination in Employment ActGENERAL
The ADEA is the primary federal statute that prohibits employers from discriminating against employees in terms, privileges and conditions of employment on the basis of age. The law also applies to employment agencies and labor organizations. To be covered by the ADEA, an individual must be 40 years old or older (there is no cap on an employee's age to be covered by the ADEA).
There are several narrow exceptions to the ADEA's anti-discrimination prohibition, including the following:
FILING REQUIREMENTS & LIMITATION PERIOD
In general, an individual must pre-file a charge with the EEOC within 180 days after the alleged unlawful practice occurred or within 300 days if a state age discrimination law (including remedies) exits.
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. JURISDICTION
An employer (a person engaged in an industry affecting commerce) must have twenty or more employees for each working day in each of twenty or more calendar weeks (in the current or preceding calandar year) to be covered by the ADEA. An employee must be over age forty to be covered by the ADEA.
REMEDIES/DAMAGES
The ADEA borrows the remedies and damages provisions from the FLSA, which are as follows:
MORE INFORMATION
Age Discrimination Articles.
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