Why Do Age Discrimination Laws Only Protect Those Over Age 40?

The Age Discrimination in Employment Act (ADEA) is one of several federal labor laws that prohibit discrimination in the workplace. The ADEA, as its name implies, prohibits employers from firing, refusing to hire, or otherwise discriminating against employees because of their age. But the ADEA doesn’t protect everyone from discrimination based on age—only employees who are 40 years old or older. Fortunately for younger folks, some states do offer broader protection against age discrimination.

Why the ADEA Protects Only Employees Age 40 and Up

Historically, age discrimination has disproportionately affected seniors and middle-aged people more than any other group. When the ADEA was enacted back in 1967, Congress assumed that companies might refuse to hire or promote older workers in favor of younger ones. The legislature believed that companies would prefer to hire younger people because they were likely to have more energy and stamina than their older counterparts. Moreover, employers might prefer younger employees because they have the potential to offer them many more years of service.

Only more recently has age bias against younger employees become more prevalent in the workplace. Time will tell whether the labor laws will be amended to reflect this change.

Examples of Age Discrimination Against Younger Workers

While the ADEA and other age discrimination laws may not directly cover these situations, they could serve as examples of ageism against younger workers. 

Marginalization

A company with an older management team may not value its younger workers due to their lack of experience and attempt to push them to the sidelines or even coerce them to leave the organization. This marginalization can occur in several ways:

• Excluding younger workers from important meetings, such as those involving discussions regarding the organization’s future direction and strategies
• Assigning “grunt work” duties or projects that fail to challenge workers’ talents and abilities
• Dismissing younger employees’ ideas or suggestions without considering them
• Not allowing them to participate in decision-making processes

Unequal Pay

While some organizations may violate the Age Discrimination Act of 1975 by terminating older workers because of their higher pay, others may implement a reverse tactic against younger workers. This situation can occur during the hiring phase when a company offers a more lucrative compensation package to an older applicant who has the same or less experience than a younger candidate. 

Microaggression and Negative Language

Microaggression is an unintentional, indirect expression of prejudice made to workers that can make them feel undervalued or, in extreme cases, harassed. Examples that apply to younger workers include asking if they are interns or still in training.

Negative language is more direct and often has the intent to demean workers, such as referring to them as “greenhorns,” “newbies,” or “rookies.” 

Lack of Career Development Opportunities

Some companies may discriminate against younger workers by only promoting older, more experienced workers. While the younger employees may have more potential, they experience more challenges while advancing because the organization doesn’t offer them training programs or reimbursement for college courses to develop their skills.

What States Protect Younger Employees?

Some states do go further than the ADEA and extend protection against age discrimination to all employees and to employers with fewer than 20 employees. Here is a list of U.S. states and territories with requirements that are different from those in the ADEA:

• Alaska: No age limit; applies to companies with at least 1 employee
• Connecticut: No age limit; applies to companies with at least 3 employees
• D.C.: Protects employees aged 18 to 65; applies to companies with at least 1 employee
• Florida: No age limit; applies to companies with at least 15 employees
• Hawaii: No age limit; applies to companies with at least 1 employee
• Indiana: Protects employees age 40 to 75; applies to companies with at least 6 employees
• Iowa: No age limit; applies to companies with at least 4 employees
• Kansas: No age limit; applies to companies with at least 4 employees
• Maryland: No age limit; applies to companies with at least 15 employees
• Michigan: No age limit; applies to companies with at least 1 employee
• Minnesota: No age limit; applies to companies with at least 1 employee
• Mississippi: No age limit; applies to only state employees
• Missouri: Protects employees age 40 to 70; applies to companies with at least 6 employees
• Montana: No age limit; applies to companies with at least 1 employee
• Nevada: No age limit; applies to companies with at least 15 employees
• New Hampshire: No age limit; applies to companies with at least 6 employees
• New Jersey: No age limit; applies to companies with at least 1 employee
• New Mexico: No age limit; applies to companies with at least 4 employees
• New York: No age limit; applies to companies with at least 4 employees
• North Carolina: No age limit; applies to companies with at least 15 employees
• Ohio: No age limit; applies to companies with at least 4 employees
• Oklahoma: No age limit; applies to companies with at least 1 employee
• Oregon: Protects employees 18 and older; applies to companies with at least 1 employee
• Puerto Rico: Protects employees of working age or older; applies to companies with at least 1 employee
• Texas: No age limit; applies to companies with at least 15 employees
• Vermont: No age limit; applies to companies with at least 1 employee
• Virgin Islands: No age limit; applies to companies with at least 1 employee
• Washington: No age limit; applies to companies with at least 8 employees
• Wisconsin: No age limit; applies to companies with at least 2 employees

For more information on federal and state labor laws, including labor law poster requirements relating to anti-discrimination laws, check out the Poster Compliance Center’s resources.