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What is the Age Discrimination in Employment Act (ADEA)?

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What is the Age Discrimination in Employment Act (ADEA)?

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The ADEA prohibits an employer, employment agency or labor union from discriminating in employment against anyone because of his or her age. This includes discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment.

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The ADEA prohibits employment discrimination based on age. Age is defined as at least forty years of age or older. Thus, it would not be a violation of the ADEA for an employer to refuse to hire an individual because that person was twenty-five years old. However, some state laws that prohibit age discrimination have a broader definition of the protected class; for example, Oregon prohibits age discrimination against any individual eighteen years of age or older.

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The Age Discrimination in Employment Act is a federal statute which makes it unlawful for an employer, employment agency or Labor Union to discriminate in employment against anyone because of his or her age. This applies to both refusal to hire an individual and to discharging an employee. It also applies to age-based disparities in compensation, to terms, conditions or privileges of employment and to employee benefits.

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