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Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees and job applicants who are 40 years of age or older on the basis of age. ADEA applies to employers with 20 or more employees, labor organizations, employment agencies, and the federal government. The key features of the ADEA include:

  • Prohibiting discriminatory practices: The ADEA prohibits employers from discriminating against individuals on the basis of age in hiring, promotion, compensation, and other terms and conditions of employment.

  • Protection of benefits: The ADEA requires that employee benefits provided to older workers be equal to those provided to younger workers. This includes health benefits, retirement plans, and other fringe benefits.

  • Waiver of rights: The ADEA requires that any waiver of rights or claims under the act be knowing and voluntary.

  • Enforcement: The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC), which investigates complaints of age discrimination and can file lawsuits on behalf of individuals who have been discriminated against.

The ADEA impacts employee benefits by requiring that employers provide equal benefits to older workers as they do to younger workers. This means that older workers must be eligible for the same health insurance and retirement benefits as their younger colleagues. The ADEA also prohibits employers from discriminating against older workers in the provision of benefits, such as providing less generous pension benefits to older workers than to younger workers. In addition, the ADEA requires that any waiver of rights or claims under the act be knowing and voluntary, which means that employers must ensure that older workers understand their rights under the law before they sign any agreements that may waive those rights.

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