Employers are prohibited by the Age Discrimination in Employment Act from discriminating against workers who are 40 years of age or older. The ADEA's purpose is "to promote the employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment."
The ADEA covers private employers of 20 or more persons.

What is Prohibited.
Under ADEA, employers are forbidden to:

• Fail or refuse to hire, to discharge, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's age;

• Limit, segregate, or classify an employee in any way that would deprive the employee of job opportunities or adversely affect employment status because of age;

• Make sure that all job requirements are actually job-related.

• Reduce the wage rate of an employee in order to comply with the Act;

• Indicate any "preference, limitation, specification, or discrimination" based on age in any notices or advertisements for employment; and

• Operate a seniority system or employee benefit plan that requires or permits involuntary retirement.

Waivers of ADEA Rights.
Older employees may execute written agreements in which they waive their rights to sue their employers under ADEA, if the agreements are "knowing and voluntary." The Older Workers Benefit Protection Act contains specific steps that must be followed before a waiver will be deemed knowing and voluntary. Next month, we'll address those steps.
Employer Defenses
An employer can defend itself against an age discrimination charge by showing that age is a bona fide occupational qualification for a particular job - for example, if the job is physically demanding - or that an employment decision with respect to older workers is based on "reasonable factors other than age."