The Reasonable Factor Other Than Age Defense Under the ADEA
Author: Beth P. Zoller, XpertHR Legal Editor
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against individuals 40 years of age and older. It addresses age discrimination in all aspects of employment including hiring, firing, promotions and benefits. The ADEA prohibits employers from intentionally discriminating against individuals based on age by treating them unfairly (disparate treatment discrimination). The ADEA also prohibits employers from implementing workplace policies and practices that adversely affect older workers (disparate impact discrimination). Under the ADEA, an employer may not engage in workplace practices that negatively impact employees age 40 and older because of their age. +29 U.S.C. § 623 (a)(2).