Federal Law

ADEA

Age Discrimination in Employment Act

29 U.S.C. §§ 621-634

Employer Size

20+

Filing Deadline

180 days

Extended Deadline

300 days

Filing Agency

Equal Employment Opportunity Commission

Overview

The Age Discrimination in Employment Act (ADEA) protects employees and job applicants who are 40 years of age or older from discrimination based on age in hiring, promotion, discharge, compensation, and other terms, conditions, or privileges of employment. The ADEA applies to employers with 20 or more employees. Unlike Title VII, the ADEA does not allow for compensatory or punitive damages; instead, it provides liquidated damages equal to the amount of back pay for willful violations. The Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, sets strict requirements for waivers of ADEA claims in severance agreements.

Key Provisions

  • Prohibits age-based discrimination against individuals 40 and older in all terms and conditions of employment
  • Allows BFOQ defense where age is reasonably necessary to normal business operations
  • Older Workers Benefit Protection Act sets strict standards for ADEA waivers in severance agreements
  • Mixed-motive claims are more limited than under Title VII after Gross v. FBL Financial Services (2009)
  • Prohibits retaliation against individuals who file charges or participate in proceedings

Available Remedies

Back payLiquidated damages equal to back pay amount (for willful violations)Reinstatement or front payAttorney fees and court costsInjunctive and declaratory relief

Filing Information

Deadline

180 days from the discriminatory act (300 days in deferral states)

Agency

Equal Employment Opportunity Commission (EEOC)

Eligibility Notes

  • •Protects employees aged 40 and older
  • •No upper age limit
  • •Permits bona fide occupational qualification (BFOQ) defense for age
  • •Employer must have 20 or more employees for each working day in each of 20 or more calendar weeks
  • •OWBPA requires specific provisions for valid ADEA waivers in severance agreements (21-day consideration period, 7-day revocation period)

Covers These Situations

discriminationretaliationwrongful terminationharassment

Protected Characteristics

age

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.