Age Discrimination in Employment Act (ADEA)

Meaning & Definition

The U.S. law regarding the protection of employees and applicants who are at least 40 years old from age discrimination is known as the ADEA (Age Discrimination in Employment Act). In addition to protecting older candidates from being denied a job, the ADEA also protects older employees from experiencing discrimination throughout the entire employment experience, from recruitment, hiring, and promotion to pay, training, and termination. The ADEA establishes that age must not comprise an unreasonable barrier to obtaining employment or being treated appropriately in the workplace.

Important aspects of the Age Discrimination in Employment Act:

• Promotes fairness for all older employees.
• Communicates to employers that they should hire, promote and lay off employees without considering only the age of the employee.
• Encourages employers to base their hiring, promotion and layoff decisions on the skills and performance of the worker, rather than the employee’s age.
• Promotes inclusive and diverse workforce practices.
• Provides a benchmark for HR and multinational companies around the world.

Compliance & Policy Considerations:

Because ADEA is a Federal Law in the U.S., it is not applicable to India. 

In India:

• There is no independent, specific legislation regarding age discrimination. 
• The way age-related issues are dealt with is usually done through HR Policies of each Company. 
• Specific age limits are permitted on a legal basis for jobs or jobs because they are required by Law.

MNC’s & Indian Companies often will want to voluntarily follow Global Anti-Discrimination Standards when developing their policies.