Age Discrimination in Employment Act (ADEA) Coverage

There are limits on both the employees and the employers who are covered under ADEA. The ADEA only applies to employees age 40 and older -- and to workplaces with 20 or more employees. The ADEA applies to federal employees, private sector employees, and labor union employees. It does not, however, apply to state employees, as described below. There are several other exceptions to the broad protection of the ADEA: · Executives or people "in high policy-making positions" can be forced to retire at age 65 if they would receive annual retirement pension benefits worth $44,000 or more. · There are special exceptions for police and fire personnel, tenured university faculty and certain federal employees having to do with law enforcement and air traffic control. If you are in one of these categories, check with your personnel office or benefits plan office for details. · An exception is made when age is an essential part of a particular job -- referred to by the legal jargon of a "bona fide occupational qualification" (BFOQ). For example, if an employer needs to hire an actor to play the role of a teenager, or a children's clothing store needs models, youthfulness is clearly a necessary part of the job.