Walcheske & Luzi, LLC Employment Law Firm
  • Facebook
  • Linkedin
Contact Us | Locations
  • Home
  • Practice Areas
    • Discrimination
      • Age (Over 40)
      • Arrest Record
      • Caregiver/Family Responsibility
      • Conviction Record
      • Creed/Religion
      • Disability
      • Equal Pay & Compensation
      • Gender
      • Genetic Testing
      • Honesty Testing
      • Marital Status
      • Military Service (USERRA)
      • National Origin/Ethnicity
      • Pregnancy
      • Race/Color
      • Religious/Political Meetings
      • Sex Discrimination
      • Sexual Orientation
      • Use/Nonuse of Lawful Products
    • Harassment
      • Age (Over 40)
      • Creed/Religion
      • Disability
      • Gender
      • Genetic Information
      • Hostile Work Environment
      • National Origin/Ethnicity
      • Pregnancy
      • Race/Color
      • Sexual Harassment
      • Sexual Orientation
    • Contracts
      • Arbitration Agreements
      • Confidentiality Agreements
      • Contract Review & Negotiation
      • Invention & Patent Agreements
      • Non-Compete Agreements
      • Non-Solicitation Agreements
      • Post-Employment Contracts
      • Pre-Employment Contracts
      • Severance Packages & Separation Agreements
      • Trade Secret Agreements
    • Family & Medical Leave
      • Benefits
      • Eligibility & Entitlement
      • Notice
      • Medical Certification
      • Reinstatement After Leave
      • Interference & Retaliation
    • Retaliation
      • Filing Charge/Complaint
      • Healthcare Worker
      • Opposing Discrimination & Harassment
      • Participating in Hearing/Investigation
      • Whistleblower
      • Wrongful Termination
    • Rights & Benefits
      • Invasion of Privacy
      • Unemployment
      • Wage & Hour
      • Workers Comp
  • Resources
    • Resources & Information for Employees
      • At-Will Employment Doctrine
      • Federal Court Process
      • Federal Employee Rights
      • Long-Term Disability (LTD)
      • Short-Term Disability (STD)
    • Federal Laws
      • Age Discrimination in Employment Act
      • Americans with Disabilities Act (ADA)
      • Consolidated Omnibus Budget Reconciliation Act (COBRA)
      • Electronic Communications Privacy Act (EPCA)
      • Employee Polygraph Protection Act (EPPA)
      • Fair Credit Reporting Act
      • Fair Labor Standards Acts (FLSA)
      • False Claims Act
      • Family & Medical Leave Act (FMLA)
      • Genetic Information Nondiscrimination Act (GINA)
      • More Federal Laws…
    • Wisconsin Laws
      • Wisconsin Employment Peace Act
      • Wisconsin Fair Employment Act (WFEA)
      • Wisconsin Family & Medical Leave Act (WFMLA)
      • Wisconsin Invasion of Privacy
      • Wisconsin Open Personnel Record Statute
      • Wisconsin Right-to-Know Statute
      • Wisconsin Safe-Place Statute
      • Wisconsin Unemployment Insurance Laws
      • Wisconsin Workers’ Compensation Act
  • FAQs
    • General Employment Law
    • Discrimination
    • Harassment
    • Contracts & Agreements
    • Termination & Discharge
    • Whistleblowing & Retaliation
    • Legal Procedures & Processes
  • Blog
  • About Us
    • About Walcheske & Luzi, LLC
    • About James Walcheske
    • About Scott Luzi
    • Locations
    • Testimonials
    • Free Case Evaluation

Age Discrimination in Employment Act of 1967 (ADEA)

The Age Discrimination in Employment Act (ADEA) is a federal employment law prohibiting discrimination against applicants and employees based on an individual’s age (over the age of 40).  Individuals under the age of 40 are not protected under this law.

Employers are covered by the Age Discrimination in Employment Act (ADEA) regardless of the number of employees it employs.

ADEA Protections & Provisions

The ADEA makes it unlawful for public or private employers, employment agencies, licensing agencies, and unions to refuse to hire, to fire, or otherwise discriminate against any individual in compensation or the terms or conditions of his/her employment based on the individual’s age, if the individual is over the age of 40.  It further prohibits harassment in the workplace based on an individual’s age.

Recent Age Discrimination in Employment Act cases have changed the burden of proof for individuals claiming age discrimination under the ADEA.  In order to prove his/her case, the individual must prove that age was the only reason for an employer’s adverse action (for example, discipline, suspension, termination).  If the employer can establish that anything else was also a factor, an ADEA case will not be successful, even if the individual’s age was also a factor in the decision.  This is important because it is a variance from the burden of proof for other discrimination cases, such as those brought under Title VII or the Americans with Disabilities Act (ADA), where an individual only need prove that the adverse action was based in part on the protected category (for example, race or disability).

Third-party retaliation is also recognized by the ADEA, so long as the individual engaging in opposition and the person retaliated against are close enough to each other.  As an example, assume and mother and son work for the same employer.  The mother complains to management that she is being discriminated against based on her age.  In response, the employer does not retaliate against her, but rather against her son, by firing him.  In this scenario, both the mother and son would have claims of retaliation under the ADEA.

Finally, an individual under the age of 40 can be the victim of retaliation under the Age Discrimination in Employment Act if s/he was retaliated against for opposing discrimination or harassment of others in the workplace because of their age (over 40).

Remedies Available Under ADEA

If an individual is successful at trial and it is found by a judge or jury that the individual was the victim of unlawful age discrimination, harassment, or retaliation under the Age Discrimination in Employment Act, that individual is entitled to recover his/her back pay (lost wages), attorney fees and costs, and out of pocket expenses (for example the out-of-pocket cost of insurance if benefits were lost).  Reinstatement (getting his/her old job back) is also available.

Compensatory damages (pain and suffering) and punitive damages (monetary punishment levied against the employer for discriminating or retaliating) are available through the ADEA; however, an individual is not entitled to such damages.

Compensatory damages are subject to the following monetary caps, based on the number of employees employed by the defendant-employer:

  • Up to 100 employees: $50,000
  • 101 – 200 employees: $100,000
  • 201 – 500 employees: $200,000
  • 500+ employees: $300,000

Statute of Limitations

Before filing in an ADEA claim in federal court, an individual must start his/her age discrimination, harassment or retaliation case in an administrative agency – the Department of Workforce Development – Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC).  The individual must also first secure a Notice of Right to Sue letter from the EEOC.

From the date that the Notice of Right to Sue is received, an individual has 90 days to file a federal complaint.  Thus, if the Notice is dated December 30th, but you do not receive it until January 2nd, your federal complaint must be filed within 90 days from January 2nd (April 2nd).  If the federal employment complaint is not filed within the 90 days, it is barred and the individual loses his/her claim under the ADEA claim.

Click on the link for the full text of the Age Discrimination in Employment Act (ADEA).

Employment Laws

Federal Employment Laws

Age Discrimination in Employment (ADEA)
Americans with Disabilities Act (ADA)
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Electronic Communications Privacy Act (EPCA)
Employee Polygraph Protection Act (EPPA)
Fair Credit Reporting Act
Fair Labor Standards Act
False Claims Act
Family & Medical Leave Act (FMLA)
Genetic Information Nondiscrimination Act (GINA)
Health Insurance Portability & Accountability Act (HIPPA)
Immigration Reform & Control Act (IRCA)
Lilly Ledbetter Fair Pay Act
Occupational Safety & Health Act (OSHA)
Older Workers Benefit Protection Act (OWBPA)
Portal-to-Portal Act
Pregnancy Discrimination Act
RICO/Civil RICO
Sarbanes-Oxley Act (SOX)
Title VII of the Civil Rights Act (Title VII)
Uniform Trade Secrets Act
Uniformed Services Employment & Reemployment Rights Act (USERRA)
Worker Adjustment & Retraining Act (WARN)

Wisconsin Employment Laws

Wisconsin Employment Peace Act
Wisconsin Fair Employment Act (WFEA)
Wisconsin Family & Medical Leave Act (WFMLA)
Wisconsin Invasion of Privacy Statute
Wisconsin Open Personnel Record Statute
Wisconsin Right-to-Know Statute
Wisconsin Safe-Place Statute
Wisconsin Unemployment Insurance Laws
Wisconsin Workers' Compensation Act

Subscribe to Posts

Email

RSS

Practice Areas

  • Discrimination Attorneys
    • Disability Discrimination
    • Conviction Record Discrimination
    • Pregnancy Discrimination
    • Sex Discrimination
    • More Types of Discrimination…
  • Harassment Attorneys
    • Creed or Religion Harassment
    • Disability Harassment
    • Hostile Work Environment
    • Sexual Harassment
    • More Types of Harassment…
  • Employment Contracts Attorneys
    • Contract Review & Negotiation
    • Non-Compete Agreements
    • Severance Package & Separation Agreements
    • More Contracts & Agreements…
  • Family & Medical Leave Attorneys
    • Benefits
    • Eligibility & Entitlement
    • Interference & Retaliation
    • More FMLA Topics…
  • Retaliation Attorneys
    • Filing a Charge or Complaint
    • Verbally Opposing Discrimination or Harassment
    • Whistleblower
    • Wrongful Termination
    • More Types of Retaliation…
  • Rights & Benefits Attorneys
    • Wage & Hour Disputes
    • Workers Compensation
    • Unemployment Insurance

Wisconsin Employment Law Resources

  • Employment Law Resources
  • Employment Laws
  • Employment Law FAQ
    • Contract & Agreement FAQs
    • Discrimination FAQs
    • General Employment Law FAQs
    • Harassment FAQs
    • Legal Procedure & Process FAQs
    • Termination & Discharge FAQs
    • Whistleblowing & Retaliation FAQs

Meet Attorney James Walcheske

Meet Attorney Scott Luzi

About Walcheske & Luzi, LLC

  • About Us
  • Client Testimonials
  • Locations
    • Brookfield, WI
    • Appleton, WI
  • Get a Free Case Evaluation

Contact Walcheske & Luzi, LLC

Brookfield - Main Office
200 South Executive Drive, Suite 101
Brookfield, WI 53005
  • Phone: 1-262-780-1953
  • Fax: 1-262-789-6699
Appleton Office
4650 West Spencer Street, Suite 13
Appleton, WI 54914
  • Phone: 1-920-560-4638
  • Fax: 1-920-968-4650
  • contact@walcheskeluzi.com
    • Rss
    • Facebook
    • Linkedin
© 2013 Walcheske & Luzi, LLC. All Rights Reserved. Web Design by The Scan Group, Inc
Walcheske & Luzi, LLC Employment Law Firm has employment attorneys available to serve you in Brown County, Calumet County, Dane County, Dodge County, Door County, Fond du Lac County, Jefferson County, Kewaunee County, Manitowoc County, Milwaukee County, Outagamie County, Ozaukee County, Racine County, Rock County, Sheboygan County, Walworth County, Washington County, Waukesha County, Winnebago County, and Kenosha County.
The materials appearing in this website and on our blog are for general informational purposes only and do not constitute legal advice or create an attorney-client relationship and may not always reflect the most current legal developments. For additional information about our firm, please contact us.