Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 (ADEA; to ) is a United States labor law that forbids employment discrimination against anyone at least 40 years of age in the United States (see ). In 1967, the bill was signed into law by President Lyndon B. Johnson. The ADEA prevents age discrimination and provides equal employment opportunity under conditions that were not explicitly covered in Title VII of the Civil Rights Act of 1964. It also applies to the standards for pensions and benefits provided by employers, and requires that information concerning the needs  of older workers be provided to the general public. Scope of protection. The ADEA includes a broad ban against age discrimination against workers over the age of forty, and also specifically prohibits: Mandatory retirement based on age is permitted for: The ADEA applies to employers who employ at least twenty employees on a regular basis within the current or prior calendar year. Amendments. The ADEA was amended in 1986, and then again in 1991 by the Older Workers Benefit Protection Act (Pub. L. 101-433) and the Civil Rights Act of 1991 (Pub. L. 102-166). Case law. The ADEA  differs from the Civil Rights Act in that the ADEA applies to employers of 20 or more employees (see ) rather than 15 or more employees. Both acts do, however, only apply to employers in industries affecting interstate commerce. The 20 employees can include overseas employees. The ADEA protects U.S. citizens working for U.S. employers operating abroad except where it would violate the laws of that country. An age limit may be legally specified in the circumstance where age has been shown to be a "bona fide occupational qualification [BFOQ] reasonably necessary to the normal operation of the particular business" (see  ). In practice, BFOQs for age are limited to the obvious (hiring a young actor to play a young character in a movie) or when public safety is at stake (for example, in the case of age limits for pilots and bus drivers). The ADEA does not stop an employer from favoring an older employee over a younger one, even when the younger one is over 40 years old. The United States Supreme Court, in "Meacham v. Knolls Atomic Power Lab", 554 U.S. 84 (2008), held that the employer, not the employee, bears the burden of proving that a layoff or  other action that hurts older workers more than others was based not on age but on some other “reasonable factor.” In "Gomez-Perez v. Potter" (2008), the Supreme Court allowed federal workers who experience retaliation as a result of reporting age discrimination under the law to sue for damages. In "Kimel v. Florida Bd. of Regents", 528 U.S. 62 (2000), the Supreme Court held that state employees cannot sue states for monetary damages under the ADEA in federal court. The EEOC may still enforce the ADEA against states, and state employees may still sue state officials for declaratory and  injunctive relief. In "Gross v. FBL Financial Services, Inc.", 557 U.S. 167 (2009), the Supreme Court ruled that a plaintiff must prove by that age was the "but for" cause of the challenged employment action. "Babb v. Wilkie" is a Supreme Court case which considered the scope and breadth of the ADEA. In it the Court ruled that plaintiffs only need to prove that age was a motivating factor in the decision in order to sue. However, establishing but for causation is still necessary in determining the appropriate remedy. The ruling of Babb v. Wilkie only applies to federal sector  employees. If a plaintiff can establish that the age was the determining factor in the employment outcome, they may be entitled to compensatory damages or other relief relating to the end result of the employment decision. Remedies. ADEA remedies include compensatory for employee or damages if reinstatement is not feasible and/or employer's violation is intentional. While punitive damages under the ADEA are not available, if the violation was intentional plaintiffs are entitled to liquidated/statutory damages i.e. twice the back pay/front pay award. Defenses. Statutory defenses to ADEA claims include: Age Discrimination in Employment Act of 1967 The