Posted on: October 16, 2024

Nondiscrimination laws prohibit employers from discriminating against applicants and employees on the basis of their age. However, in some cases, seemingly harmless practices may violate age discrimination laws. To help you better understand this area, we’ve compiled some key information and provide answers to frequently asked questions related to age discrimination.

Q: What laws prohibit age discrimination?

A: Under federal law, the Age Discrimination in Employment Act (ADEA) prohibits employers with 20 or more employees from discriminating against applicants and employees who are 40 years of age or older, in all aspects of employment, including hiring and job assignments, compensation and benefits, promotions, training, discipline, and terminations.

The law prohibits intentional discrimination, such as refusing to hire older workers or treating them less favorably, and seemingly neutral policies that disproportionately affect older workers, unless the practice is justified by a “reasonable factor other than age.”

Many states and some jurisdictions also have similar laws, some of which cover smaller employers and offer more worker protections.

Check your state and local laws to help ensure compliance with all age protections.

Q: Does the ADEA prohibit asking for an applicant's date of birth on job applications?

A: It is a best practice to avoid asking for a candidate's date of birth during the pre-employment process or posing questions that may indirectly reveal a candidate's age, such as "what year did you graduate?" If such inquiries reveal protected information, and an applicant is disqualified from the job, the applicant may try to argue that the knowledge of their membership in a protected group was used against them. In addition, some states expressly prohibit inquiries about age.

Q: What can I ask an applicant if the job's minimum age requirements are set by state or federal law?

A: If a job has minimum age requirements, an employer may state the minimum age requirement and ask whether the applicant is at least that age. For example, an employer can say "State law requires that individuals in this job to be at least 18 years of age. Are you at least 18 years old, yes or no?" to ascertain whether the individual meets that requirement without asking for a specific age. Otherwise, employers should avoid asking for an applicant's age during the hiring process, including on job applications and during interviews.

Q: What assumptions should employers avoid, from an age discrimination perspective?

A: Certain workplace statements and assumptions can be problematic through an age discrimination lens. For example, the following statements are problematic because they could directly or indirectly exclude older workers from certain jobs or opportunities due to their age.