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The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants.
Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any privilege of employment. This includes:
- Job assignments
Also, the ADEA prohibits retaliation against an individual for opposing employment practices that discriminate based on age. This includes issues such as filing an age discrimination charge, testifying about age discrimination, or participating in an ADEA proceeding.
What Is the ADEA?
The ADEA applies to employers with 20 or more employees, including state and local government, agencies, and labor organizations. The ADEA generally makes it unlawful to include age preferences in job notices or advertisements.
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, these requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.
Are you facing an age discrimination case? Do not hesitate to contact Remer, Georges-Pierre & Hoogerwoerd, PLLC at 305.416.5000 for more information. We offer new clients a consultation to help you get started.
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