Question 1

Who is protected by the ADEA?

Accepted Answer

The Age Discrimination in Employment Act (ADEA) protects employees and job applicants who are 40 years of age or older from discrimination based on age. It applies to employers with 20 or more employees, employment agencies, and labor organizations. The ADEA covers all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits.

Question 2

What does age discrimination look like in the workplace?

Accepted Answer

Age discrimination can take many forms: being passed over for promotion in favor of younger, less qualified employees; being targeted in a reduction in force (RIF) while younger employees are retained; receiving negative performance reviews that did not occur before a certain age; being pushed out through constructive discharge (making working conditions intolerable); being excluded from training or development opportunities; and hearing age-related comments from supervisors or management.

Question 3

What is a reduction in force (RIF) age discrimination claim?

Accepted Answer

Employers sometimes use reductions in force as cover for age discrimination — selecting older workers for layoff while retaining younger employees in similar positions. Evidence of RIF age discrimination includes statistical disparities in the ages of those selected for layoff, age-related comments by decision-makers, deviation from stated selection criteria, and the replacement of laid-off older workers with younger employees. The ADEA requires employers to provide specific statistical disclosures to employees 40+ in group layoffs.

Question 4

What are OWBPA requirements for severance agreements in group layoffs?

Accepted Answer

In a group layoff or exit incentive program, the Older Workers Benefit Protection Act (OWBPA) requires employers to: (1) give employees 40+ at least 45 days to consider the severance agreement; (2) provide a 7-day revocation period after signing; (3) advise employees in writing to consult an attorney; and (4) provide a list of the job titles and ages of all employees selected and not selected for the program. Failure to comply with these requirements means the ADEA waiver in the severance agreement is invalid.

Question 5

Can I prove age discrimination without direct evidence?

Accepted Answer

Yes. Most age discrimination cases are proved through circumstantial evidence. Courts use the McDonnell Douglas burden-shifting framework: the employee establishes a prima facie case (was 40+, qualified, suffered an adverse action, and was replaced by or treated less favorably than a younger employee), the employer offers a legitimate non-discriminatory reason, and the employee shows that reason is a pretext for discrimination. Evidence of pretext includes inconsistent explanations, deviation from policy, statistical patterns, and age-related comments.

Question 6

What is the Utah Antidiscrimination Act's age discrimination protection?

Accepted Answer

The Utah Antidiscrimination Act (UADA) prohibits age discrimination in employment by employers with 15 or more employees. It applies to employees 40 and older, mirroring the ADEA's protections. Employees can file charges with either the EEOC or the Utah Antidiscrimination and Labor Division (UALD). The UADA provides an additional avenue for relief and may have different procedural requirements than the federal ADEA.

Question 7

What remedies are available in an ADEA case?

Accepted Answer

Remedies in ADEA cases include: back pay (lost wages and benefits); front pay (future lost earnings); reinstatement; liquidated damages equal to back pay for willful violations (effectively doubling the recovery); and attorney fees and costs. Unlike Title VII, the ADEA does not provide for compensatory damages for emotional distress or punitive damages — but liquidated damages for willful violations can be substantial.

Question 8

How long do I have to file an age discrimination claim?

Accepted Answer

You generally have 300 days from the discriminatory act to file a charge with the EEOC (or 180 days if Utah did not have a state agency with authority over the claim, though Utah does). After the EEOC issues a right-to-sue letter, you have 90 days to file a lawsuit. These deadlines are strictly enforced, so it is important to consult an attorney as soon as possible after a discriminatory act.

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