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LJN NewslettersNewsSectionsThe Corporate Counselor

Age Discrimination in Employment

BY Bryce G. Murray
August 25, 2009

Age Discrimination is once again in the news after a recent ruling by the U.S. Supreme Court on an Age Discrimination Employment Act (ADEA) claim. And why not? In the last ten years, age discrimination claims have risen 61% to over 24,000 claims in 2008, according to Equal Employment Opportunity Commission. Since the ADEA was first passed in 1967, the balance between employer and employee rights has sporadically moved back and forth, altering the legal landscape as it progresses through statutory amendments and changing case law.

The ADEA

The Age Discrimination in Employment Act (ADEA) prohibits an employer from refusing to hire, fire, or otherwise discriminate against a person age 40 or older, solely on the basis of age. This includes denying an employee pay or fringe benefits because of age, or classifying employees into groups on the basis of age in a way that unfairly deprives individuals of employment opportunities. Generally, an employer may not discriminate against a person 40 years or older for a younger individual, even if that younger individual is over the age of
40. The ADEA is applicable to employers who have 20 or more employees for 20 or more calendar weeks in the current or preceding calendar year.

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