Application of ADEA to State Employees

When Congress passed the ADEA in 1967, it intended for the law to protect state employees as well as federal, private sector and union employees. For 33 years, Congress had its way, and state employees could sue their employers -- the states for which they worked -- for age discrimination just like other workers. In January of 2000, however, the United States Supreme Court ruled that the ADEA could not protect state employees. In the case of Kimel v. Florida Board of Regents, the Court held that Congress did not have the power to tell the states what to do with regard to age discrimination. Thus, if you are a state employee, the ADEA no longer protects you from age discrimination. All is not lost, however. Ironically, you may be protected by the laws of the very state that is discriminating against you, as explained below.