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Introduction to the
Age discrimination in employment act (ADeA)

Introduction to basic ADEA claims

The most frequent types of age discrimination claims involve termination. Often the terminations come about as part of a reduction in force.  Most age discrimination claims are brought under the Age Discrimination in Employment Act (ADEA). For a discussion of how an ADEA claim is brought, see Pursuing an Employment Discrimination Claim.

Reminder

If you have not read Introduction to Legal Research and Introduction to Employment Discrimination Law, you should read these articles first.

Read the Age Discrimination in Employment Act (ADEA)

If you want to read the actual federal statutes that make up the ADEA, click on ADEA.

Who is protected by the ADEA

Plaintiff must be age 40 or older

The ADEA protects workers and job applicants from age discrimination if they are at least 40 years of age. Therefore, workers age 40 and over are said to be members of the "protected class" (meaning the class of persons protected from age discrimination). Someone younger than age 40 is not a member of the protected class.  For example, if a restaurant fires a 39-year-old waitress and replaces her with a 20-year-old waitress, the older waitress cannot sue for age discrimination under the ADEA -- even though she was fired because of her age.

Plaintiff's employer must have at least 20 employees

Also, ADEA claims can only be brought against employers who have 20 or more employees. However, some state age discrimination laws allow an employer with fewer than 20 employees to be sued for discrimination. For example, in Tennessee, an employer with 8 or more employees can be sued for age discrimination.

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