ABSTRACT
Most seniors are protected against age discrimination in employment by federal law. In 1967 Congress passed the Age Discrimination in Employment Act (ADEA) to protect older Americans from age discrimination in the workplace. The ADEA also covers labor unions and employment agencies. Even though the ADEA does not prohibit “reverse” age discrimination in favor of older workers, it also does not require affirmative action for the benefit of older, protected workers. The ADEA exempts selected employees from its protection. The exemptions recognize that in some situations age may be a relevant indicator of the ability to perform job functions. The ADEA exclusion of high-ranking executives and policymaking individuals recognizes that companies often benefit from new leadership. Most complaints filed under the ADEA arise when an employee who was fired claims that the firing took place because of his or her age. An employer may reduce its workforce in order to terminate surplus employees.
