Key Terms
Full name
Age Discrimination in Employment Act of 1967 (ADEA).
What it does
Makes it illegal to discriminate against workers over the age of 40 in any term or condition of employment; including hi
Who it covers
Any employer with more than 20 workers. This includes state governments.
Who it does NOT protect
Workers under 40. An employer can legally favor an older worker over a younger worker.
General rule
Mandatory retirement age is illegal under the ADEA.
Exception
Mandatory retirement at age 65 is permitted for very high- level executives who are entitled to a pension at that age.
What that means
A policy does not have to be explicitly age-based to violate the ADEA. If it is facially neutral but has a disproportion
Example from the source
Requiring office workers to take strenuous physical tests that are unrelated to the job and would disproportionately imp
Prima facie case
Plaintiff must show, on first look, that discrimination occurred based on membership in a protected class. Not full proo
Defendant response
Employer presents a legitimate, non-discriminatory reason for the decision.
Plaintiff rebuttal
Plaintiff must show the employer's reason is pretext; a cover for actual discrimination.