SPHR Human Resources

Category - Planning

All of the following statements about the Age Discrimination in Employment Act (ADEA) are true except
  1. ADEA prohibits discrimination based on age, for individuals age 18 and above (so as to ensure that individuals are not discriminated against based on being too young, as well as based on being too old).
  2. ADEA covers private employers with 20 or more employees, state and local governments (including school districts), employment agencies, and labor organizations.
  3. ADEA does not establish an upper cap, or an age at which it once again becomes legal to discriminate against individuals based on age.
  4. ADEA is subject to certain exceptions and places certain requirements on employers, particularly with respect to benefits plans, overages, and early retirement incentives.
Explanation
Answer - A - ADEA prohibits discrimination based on age, for individuals age 40 (not age 18) and above. Some states, however, have established age thresholds that are lower.

Key Takeaway: The ADEA does cover private employers with 20 or more employees, state and local governments (including school districts), employment agencies, and labor organizations. The ADEA does not establish an upper cap, or an age at which it once again becomes legal to discriminate against individuals based on age. The ADEA is subject to certain exceptions and places certain requirements on employers, particularly with respect to benefits plans, coverage, and early retirement incentives.
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