Age Discrimination

Age discrimination means treating an employee or applicant differently or unfavorably because of the person's age. Discrimination because of age is illegal under federal, District of Columbia, and Virginia employment discrimination laws.

Federal Age Discrimination Law: Age Discrimination in Employment Act (ADEA)

The ADEA is a federal law protecting people aged 40 or older from discrimination because of their age. The ADEA prohibits age-based discrimination in any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA also prohibits retaliation against a person for opposing age discrimination or participating in an age discrimination proceeding or investigation.

• Employers Covered: The ADEA applies to employers with 20 or more employees, employment agencies, and labor organizations. It also applies to federal, state, and local governments.
• Employees Covered: The ADEA covers employees and job applicants who are 40 years of age or older. It does not protect independent contractors or individuals who are under 40.

District of Columbia Age Discrimination Law: D.C. Human Rights Act (DCHRA)

Among other things, the District of Columbia Human Rights Act prohibits age-based discrimination.

• Employers Covered: The DCHRA applies to employers regardless of size, and it defines employer broadly as including any person acting in the interest of an employer. The DCHRA applies to private-sector companies and the D.C. Government. It does not apply to the Federal Government.
• Employees Covered: The DCHRA covers individuals who are 18 years of age or older.

Virginia Age Discrimination Law: Virginia Human Rights Act (VHRA)

Among other things, the Virginia Human Rights Act prohibits discrimination based on age. The VHRA applies to employers who are not covered by the ADEA and have at least five employees.