Age Discrimination Facts
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/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.
The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.
From personal and anecdotal experience, I know that this law is not being enforced very well. AARP has a study on the subject that concludes:
There may be limitations on how well the regulatory and legal systems address discrimination in hiring, and it would be useful to consider whether this effectiveness can be increased. On the other hand, in crafting any policy changes intended to boost the hiring of older workers, it is important to be mindful of the underlying economic barriers to this hiring and to try to focus on rooting out only the discriminatory behavior.
Many people here have posted their experiences with age discrimination. The law appears to be widely ignored. Craigslist permits employers to advertize for 'young' employees. Newspapers which are more tightly regulated, do not. From Maricopa Community College's information on the subject:
An employee may establish that an employer's motivation for unfavorable treatment was age bias by direct evidence of discrimination or infer discrimination by showing (a) the employee is aged 40 or older; (b) the employee performed his job satisfactorily; (c) the employer terminated or demoted the employee; (d) the employer filled the position with a younger employee.
This looks like something that the Obama Administration can move on. Please post any thoughts on how to make fighting Age Discrimination a Progressive Cause.