The Age Discrimination in Employment Act (ADEA) is a federal law that protects workers and job applicants age 40 and older from discrimination in the workplace. Passed in 1967, the ADEA ensures that older employees have the same opportunities as their younger counterparts when it comes to hiring, promotions, training, pay, and termination.
For employers, understanding the ADEA is critical—violations can be costly, and age-related complaints are among the most common workplace discrimination claims.
What the ADEA covers
The ADEA makes it illegal to discriminate against someone because of their age in any aspect of employment, including:
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Hiring and job postings
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Pay and benefits
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Promotions and training opportunities
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Discipline and termination
The law applies to private employers with 20 or more employees, as well as federal, state, and local governments.
What the ADEA doesn’t allow
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Age-based hiring preferences – Job ads can’t say things like “young and energetic” or “recent graduate preferred.”
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Mandatory retirement – In most industries, you can’t force employees to retire at a certain age.
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Unequal treatment – Older employees can’t be denied raises, training, or promotions because of their age.
Who enforces the ADEA
The Equal Employment Opportunity Commission (EEOC) enforces the ADEA. Employees who believe they’ve been discriminated against can file a charge, and the EEOC may investigate or take legal action.
Common mistakes employers make
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Writing job postings that subtly favor younger applicants (“digital native,” “recent college grad”)
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Assuming older workers aren’t interested in training or promotions
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Cutting benefits that disproportionately affect older employees
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Making comments or jokes about retirement or age
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Retaliating against workers who file age discrimination complaints
Penalties for violations
Violating the ADEA can result in:
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Back pay for lost wages
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Liquidated damages (double the back pay) in cases of willful violations
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Reinstatement of employment
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Attorney’s fees and court costs
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Damage to workplace morale and employer reputation
How to stay compliant
- Review job postings – Keep language age-neutral.
- Train managers – Teach supervisors to avoid stereotypes and biased comments.
- Offer training opportunities to all – Don’t assume older employees don’t want or need them.
- Audit pay and benefits – Make sure compensation decisions aren’t age-based.
- Document performance issues – If disciplinary actions occur, they should be backed by objective evidence, not assumptions about age.
How Kubera HR Solutions can help
At Kubera HR Solutions, we help employers review hiring practices, train managers, and audit workplace policies to ensure compliance with the ADEA and other discrimination laws. By building fair, age-inclusive policies, you reduce legal risks and strengthen your team.