PHR · Question #56
Virginia is the HR Professional for her organization and she is reviewing the details of the Age Discrimination in Employment Act (ADEA) of 1967. She tells John, one of her staff members, that the…
The correct answer is A. 40 and above. The Age Discrimination in Employment Act (ADEA) of 1967 protects individuals who are 40 years of age or older from age-based discrimination in hiring, promotion, and other employment practices.
Question
Virginia is the HR Professional for her organization and she is reviewing the details of the Age Discrimination in Employment Act (ADEA) of 1967. She tells John, one of her staff members, that the ADEA prohibits discrimination on the basis of age for employees and job applicants who are above a certain age. What age does the ADEA apply to employees and job applicants?
Options
- A40 and above
- B50 and above
- C30 and above
- DAll people regardless of their age
How the community answered
(35 responses)- A77% (27)
- B9% (3)
- C11% (4)
- D3% (1)
Why each option
The Age Discrimination in Employment Act (ADEA) of 1967 protects individuals who are 40 years of age or older from age-based discrimination in hiring, promotion, and other employment practices.
The ADEA explicitly applies to employees and job applicants who are 40 years of age or older, covering both private employers with 20 or more employees and federal, state, and local governments. The law prohibits discriminatory practices in hiring, firing, pay, promotions, benefits, or any other term of employment based on age for this protected group. This threshold of 40 has remained unchanged since the act's passage in 1967.
The ADEA threshold is 40, not 50 - setting it at 50 would leave a significant population of workers between ages 40-49 without protection, which contradicts the statute.
The ADEA threshold is 40, not 30 - Congress deliberately set the age at 40 based on evidence that workers in that age group were experiencing employment discrimination.
The ADEA does not protect all people regardless of age - it is specifically designed to protect the 40-and-older age group, and courts have upheld that favoring older workers over younger ones (under 40) is generally permissible.
Concept tested: ADEA protected age threshold
Source: https://www.eeoc.gov/age-discrimination
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