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Age Discrimination in Employment Act

A federal law that protects workers and job applicants age 40 and older from age-based discrimination in hiring, firing, pay, promotions, layoffs, training, and other terms of employment.

Passed in 1967, the Age Discrimination in Employment Act, or ADEA, applies mainly to employers with 20 or more employees, along with many labor organizations and government employers. It bars decisions based on age stereotypes, such as assuming an older worker is slower, too expensive, close to retirement, or less able to learn new systems. A worker at a large South Carolina plant, including a place like Boeing's North Charleston operation, could raise an ADEA claim if age drove a demotion, layoff, or forced retirement.

The law matters because age bias is often hidden behind excuses like "culture fit" or "new energy." In a claim, evidence may include younger workers being treated better, comments about being "too old," or patterns showing older employees were pushed out. Workers usually must file a charge with the EEOC before suing. In South Carolina, because the state has the South Carolina Human Affairs Commission, the filing deadline is generally 300 days under the federal charge process.

For injured workers, age can become part of a wrongful termination or retaliation dispute if an employer uses an injury, work restrictions, or recovery time as cover for age bias. Available relief can include back pay, reinstatement, and sometimes liquidated damages for willful violations.

by Carlos Morales on 2026-03-31

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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