What You Need to Know about Age Discrimination under the ADEA

Orange County employment lawyerMany employers wonder what the law says about age discrimination of employees. An Orange County employment lawyer can explain what the law says.

Age Discrimination

The Age Discrimination in Employment Act of 1967 prohibits certain employers from discriminating in employment on the basis of age. The law, as it is enforced today, specifically prohibits age discrimination against those 40 or older. The text of the law makes it illegal for an employer to “fail or refuse to hire or discharge any individual” with regard to compensation, privileges of employment, or other terms or conditions because of the individual’s age. The law also makes it illegal for employers to segregate or classify employees such that any employee would be deprived of employment opportunities or advancement or otherwise adversely affected due to his or her age.


The ADEA also makes it unlawful for covered employers to exercise any retaliation against any employee who opposes a practice conducted that is prohibited by the ADEA or makes a charge or accusation or in any way assists with an investigation or proceeding under the ADEA.

As of 2008, the Supreme Court has held that the anti-retaliation provisions of the ADEA also apply to federal employees.

Waiving ADEA Claims

There is an amendment to the ADEA that your Orange County employment lawyer may explain. The Older Workers Benefit Protection Act imposes specific requirements for waiving ADEA claims in order to protect workers 40 and older from settling their ADEA claims without being fully aware and informed of what the waiver entails.

For more information on age discrimination in employment law, contact an Orange County employment attorney at Daily Aljian. Call 949-861-2524.

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