Age Discrimination (ADEA)
The Age Discrimination in Employment Act of 1967 makes in unlawful for a qualified employer to discriminate against an employee or applicant based on the individual’s age.
To bring a claim a plaintiff must be at least 40 years of age or older. There are several defenses available to the employer. For instance, an employer can assert an affirmative defense when the employer can show that an age restriction or differential treatment of older employees is reasonably necessary to the normal operation of the particular job. Additionally, certain types of employees are exempt from coverage under the ADEA. For instance, safety officers, including police and fire, can be subject to mandatory retirement under state and/or local laws. Similarly, elected
officials may also be subject to mandatory retirement.
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