Backgrounder on Age Discrimination
Congress passed the federal Age Discrimination in Employment Act (ADEA) in 1967 to protect workers aged 40 or older from discrimination by any employer with more than 20 employees. An employer may not refuse to hire or promote, diminish the wages or benefits of, or otherwise discriminate against a worker because of his or her age. But in recent decisions, the Supreme Court has weakened protections against age discrimination in employment.
How has the ADEA been undermined in recent years?
The Supreme Court has weakened the ADEA by taking away the rights of state employees to sue their employers for money damages, thus taking away any effective remedy.
How did the Supreme Court weaken employment protections for state workers?
When Congress passed the ADEA in 1967, it fully intended states to comply with the law and not discriminate against its own employees based on age. In 1983, in EEOC v. Wyoming, the Supreme Court made clear that state employers must comply with the ADEA. However, in 2000, the Supreme Court, in Kimel v. Florida Board of Regents, held that victims of age discrimination cannot recover money damages from state employers. As a result, millions of state workers that are victims of age discrimination have no meaningful recourse under federal law.
Importance of fighting age discrimination and the right to sue.
Lawsuits brought by individuals under federal civil rights statutes are the primary, and most efficient, method of ensuring that employers comply with these laws. State laws prohibiting age discrimination are inconsistent and are often inadequate to redress the harm done to older workers victimized by age discrimination. Ensuring that older workers are afforded full and effective protections against age discrimination is a critical component of ensuring civil rights for all Americans.
