An individual is also covered when an employer discriminates in hiring, firing, wage benefits, hours worked, and availability of overtime based on age. Both individuals can be over age 40. For instance, a person age 55 years of age can claim another individual who is 42 years old is discriminating against him because of age. In other words, they are a lot more sophisticated about who is being promoted, trained, or let go, and why. The ADEA offers the option of having a jury hear the case.
Jurors are older, on the average, than the general population.