In order to protect persons aged forty and older, the Age Discrimination in Employment Act was enacted in 1967. This act protects applicants and employees forty years of age or older from discrimination due to age in hiring, promotion, discharge, compensation, terms, conditions, or privileges of employment. The law covers applicants to, and employees of, most private employers, state and local governments, educational institutions, employment agencies, and labor organizations. Employers are prohibited from failing to hire persons in this age group, and they may not limit, segregate, classify, discharge, or force retirement upon their employees so as to discriminate against persons in this age group. Both federal and state laws protect these persons. Any employer who intentionally discriminates on the basis of age is subject to a civil lawsuit for damages, including emotional distress. There are, however, administrative remedies that must be exhausted under both state and Federal law before bringing an action in court. If you have any questions on age discrimination, please contact an attorney in your area.
