Age Discrimination in Employment Act (ADEA) — Employee Rights
The Age Discrimination in Employment Act (ADEA) protects employees and job applicants who are 40 years of age or older from discrimination based on age. It applies to employers with 20 or more employees, including state and local governments. If your employer in Pennsylvania or New Jersey made employment decisions based on your age — firing older workers and replacing them with younger employees, denying promotions to older candidates, or using age-based criteria in layoff decisions — the ADEA provides a path to legal recovery.
What the ADEA Prohibits
The ADEA prohibits age-based discrimination in hiring (including age preferences in job postings), firing and layoff decisions, compensation and benefits, promotions and job assignments, training and apprenticeship programs, and any other term or condition of employment. The statute also prohibits retaliation against employees who oppose age discrimination or participate in ADEA proceedings.
Proving Age Discrimination
Under the ADEA, you must prove that age was the “but-for” cause of the adverse employment action — meaning the action would not have occurred but for your age. This is a higher standard than the “motivating factor” test under Title VII. However, the PHRA uses the lower motivating factor standard for age discrimination, which is why many Pennsylvania employees file under both statutes. Learn more about proving age discrimination.
Damages Under the ADEA
The ADEA provides back pay and front pay, liquidated damages (equal to the back pay amount) for willful violations — effectively doubling the economic recovery, and attorney’s fees and costs. The ADEA does not provide compensatory damages for emotional distress — a significant limitation that makes the PHRA (uncapped compensatory damages) and NJLAD the preferred vehicles for emotional distress recovery in age discrimination cases.
OWBPA Protections
The Older Workers Benefit Protection Act (OWBPA) amends the ADEA with specific requirements for severance agreements that waive age claims. Employees must be given 21 days to consider (45 for group layoffs), 7 days to revoke after signing, and a written advisement to consult an attorney. Non-compliant waivers are void. Learn more about reviewing severance agreements.
The Lacy Employment Law Firm handles ADEA claims across Philadelphia, Pittsburgh, and New Jersey. Call (215) 515-5924 for a free consultation.
