Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act (“ADEA”)(29 U.S.C. §621) generally prohibits the use of age as a criterion for employment decisions, by employers with 20 or more employees. Generally, an employer that makes an employment decision based on an employee being 40 years of age or older, may be committing age discrimination.
As with most other discrimination claims, an age discrimination claim must first be filed with the state (Pa. Human Relations Commission) and/or federal (EEOC) agency responsible for enforcing discrimination laws. However, the administrative processing period for ADEA claims is only 60 days, instead of the “standard” 180 days for other federal discrimination claims, before the claim may be filed in court. Once there, claimants face the same difficulties of proving the employer’s state of mind and motives, by largely circumstantial evidence. The U.S. Third Circuit Court of Appeals has gone so far as to observe and comment on the sophistication with which discrimination can be concealed by an unscrupulous employer.
Although the law has been around for awhile, the Courts continue to define its terms and shape its boundaries. Litigation under the ADEA has increased dramatically as our society continues to grow proportionately older. Perhaps recognizing this reality, the U.S. Supreme Court continues to construe the ADEA more broadly and favorably than other discrimination claims, such as those brought under the ADA
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