• EEOC: Federal Age Discrimination Law Does Not Protect Younger Workers

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The ADEA prohibits age discrimination in employment, but limits coverage "to individuals who are at least 40 years of age." 29 U.S.C. § 631(a). The Supreme Court found that the ADEA only protects older workers against discrimination that disfavors them as compared to younger workers, even when all of the workers are at least 40 years old. See generally, General Dynamics Land Sys. v. Cline, 540 U.S. 581 (2004) (workers age 40-49 who were treated less favorably than those 50 and older in retiree health benefit plan changes do not have claims, because the ADEA does not prohibit discrimination against relatively younger workers). Therefore, the ADEA would not prohibit minimum age requirements even if the minimum age requirement were set at age 40 or above, because the minimum age requirement would benefit the relatively older workers and only harm the relatively younger workers. Source: EEOC

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