Article · Labor and Employment

Age Discrimination Law: A Worker's and Employer's Overview

Type
Article
Jurisdiction
National
Date
2024-12-08
Topic
Labor and Employment

This UpLaw overview maps how federal age discrimination law operates in the American workplace, anchored in the Age Discrimination in Employment Act (ADEA) and its 1990 amendment, the Older Workers Benefit Protection Act (OWBPA). It identifies who the statute protects (workers 40 and older), which employers must comply (generally those with 20 or more employees, and every political subdivision), and the two proof theories that carry nearly every case: intentional disparate treatment and facially neutral disparate impact. It works through the demanding but-for causation rule the Supreme Court imposed in Gross v. FBL Financial, the reasonable-factor-other-than-age defense from Smith v. City of Jackson and Meacham, the rigid severance-waiver and reduction-in-force disclosure rules the OWBPA layers onto separations, and the harassment and retaliation claims that travel alongside the core ban. It also details the unusual opt-in collective-action mechanism, the EEOC charge process and its short deadlines, the economic-only remedies the ADEA allows, and the many ways state law reaches further than the federal floor. Invented hypotheticals and a plain-language FAQ make the doctrine usable for workers, managers, and counsel.

Age Discrimination Law: A Worker's and Employer's Overview

Labor and Employment > Discrimination | Published 8 December 2024 - Updated 7 April 2025 | UpLaw - uplaw.us

A research-grade overview of the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act: who is covered, how claims are proved, why the causation standard is tougher than Title VII's, how severance waivers spring back to life, and where state law quietly takes over.

Keywords: age discrimination, ADEA, OWBPA, disparate treatment, disparate impact, but-for causation, Gross v. FBL Financial, reasonable factor other than age, BFOQ, severance waiver, reduction in force, EEOC charge, hostile work environment, retaliation, collective action, liquidated damages, state age discrimination law

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