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ADEA in Nevada

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What is the ADEA and does it cover companies in Nevada?

The Age Discriminate in Employment Act is a federal Act that covers employees and employers in all states across the country, including Nevada, as long as both the employer and the employee qualify for coverage.
In order for an employee to qualify for ADEA coverage, the employee needs to be at least 40 years old and work for a qualifying company. In order for the company to qualify, the company needs to be a local, state, or federal government agency, an employment agency or a business that deals in some form of interstate commerce and has at least 20 employees. In order for the employees to qualify as employees, they need to have worked for the company for at least 20 weeks out of the preceding year.
When an employee and a company are covered under the ADEA, the employer is prohibited from discrimination against the employee based on the age of the employee. Discrimination cannot occur during the hiring, firing, promotions, or any other functions of a particular job. However, the employee may discriminate against the employee if the employee is unable to perform certain functions that are required of the job.
For example, while employers may nor discriminate against any job applicants based on the age of the applicant, the employer may discriminate against an applicant based on the qualifications of the applicant. If a job requirement is that the employee should be able to lift a 50 pound box and the applicant cannot lift a 50 pound box because of his or her age or otherwise, then the employer is entitled to discriminate against the applicant. However, the employer is required to prove that the discrimination occurred based on the inability of the employee to perform certain job functions and not because of the age of the employee. CB