PHR practice question 16 of 25

Virginia is the HR Professional for her organization and she is reviewing the details of the Age Discrimination in Employment Act (ADEA) of 1967. She tells John, one of her staff members, that the ADEA prohibits discrimination on the basis of age for employees and job applicants who are above a certain age. What age does the ADEA apply to employees and job applicants?

Full set: 165 questions
Answer options
A: 40 and above Correct answer
B: 50 and above
C: 30 and above
D: All people regardless of their age
Correct Answer:
A. 40 and above
Explanation

The Age Discrimination in Employment Act (ADEA) of 1967 is a federal law that specifically prohibits employment discrimination against persons who are age 40 or older. The act's protections apply to both employees and job applicants. It forbids discrimination in any aspect of employment, including hiring, firing, pay, promotions, layoffs, and benefits. The ADEA applies to employers with 20 or more employees, including state and local governments, as well as to employment agencies and labor organizations.

Why Incorrect

B. The age threshold for protection under the federal ADEA is 40, not 50.
C. The age threshold for protection under the federal ADEA is 40, not 30.
D. The ADEA does not provide universal age protection; it specifically protects the class of individuals aged 40 and older from discrimination.

References

- U.S. Equal Employment Opportunity Commission. (n.d.). Age Discrimination. Retrieved from eeoc.gov.

- The Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 81 Stat. 602 (codified as amended at 29 U.S.C. §§ 621-634).

- Issacharoff, S., & Nelson, R. L. (2003). The Law and Economics of the Age Discrimination in Employment Act. University of Chicago Law School, John M. Olin Law & Economics Working Paper, No. 183. (Provides an academic analysis of the ADEA's scope).

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