Human Resource Blog

ADEA in New Hamphire

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How does the ADEA cover our agency in New Hampshire?

The Age Discrimination in Employment Act is a federal Act that provide rights to employees in states across the U.S. However, not all employees and employers qualify for coverage under the ADEA.

In order for an employee to qualify for ADEA benefits, the employee needs to be at least 40 years old and work for a company that is covered. In order for a company to qualify for ADEA benefits, the company needs to:

• Be a local, state or federal government agency
• Be an employment agency
• Have at least 20 employees that work in a business that impact interstate commerce. Those 20 employees only qualify as employees if they have worked for the company for at least 20 weeks out of the preceding year.

When an employer is covered under the ADEA, the employer is prohibited from discriminating against employees that are over the age of 40 as long as the discrimination is based on the age of the employee. For example, an employer would not be able to legally market a particular job to a student group. However, if the employer has a bona fide reason for hiring someone younger to fill a particular position (and the position must be filled by someone younger in order to meet the requirements of the position) then the employer could legally discriminate.

There are examples where an employer may have to discriminate against an employee based on reasons that are associated with the age of the employee. For example, if an employer needs to fill a position in a warehouse that calls for employees to be able to lift at least 50 pounds and an employee was unable to lift 50 pounds as a result of the age of the employee, then the employer could discriminate against that employee based on those restrictions, but only based on those restrictions and not based on the age of the employee. CB