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Why ADEA Coverage Begins at Age 40
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Nov. 8, 2012

In a recent informal letter to a person who posed a question, the Equal Employment Opportunity Commission reviewed one aspect of Age Discrimination in Employment Act. Excerpt: "The Supreme Court found that the ADEA only protects older workers against discrimination that disfavors them as compared to younger workers, even when all of the workers are at least 40 years old.... Therefore, the ADEA would not prohibit minimum age requirements even if the minimum age requirement were set at age 40 or above, because the minimum age requirement would benefit the relatively older workers and only harm the relatively younger workers. Answering why this limitation exists requires some explanation of legislative history."

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