Human Resource Blog

ADEA in South Carolina

What should we know about the ADEA in South Carolina?

The Age Discrimination in Employment Act is a federal Act that impacts workers and employers in all states across the country, including South Carolina. When an employer is covered under the Act (and not all employers are), the employer may not discriminate against an employee that is over the age of 40.

The ADEA does not apply to all people. In fact, the ADEA only applies to the following:

·         Employees or potential employees of a covered company

·         Workers that are over the age of 40

·         Workers that work in a job or desire to work in a job that does not have a bona fide age requirement

·         Workers that are capable of performing the duties of a job, regardless of their age.

The ADEA does not apply to the following:

·         Customers or clients of the employer

·         Employees or potential employees that are under the age of 40

·         Workers that desire to work in a job that does have a bona fide age restriction

·         Workers that desire to work in a job, but are unable to meet the job requirements.

Also, the ADEA only applies to certain types of employers, including the following:

·         Government agencies, including state, local, and federal government agencies in any branch of the government

·         Employment agencies

·         Employers that deal in interstate commerce and have at least 20 employees. However, those 20 employees need to have worked for the company for at least 20 weeks out of the preceding year to qualify.

There are situations where an employer can discriminate against an employee for reasons that are related to age. For example, if a job requirement calls for an employee that is able to lift 50 pounds, then the employee should be able to lift 50 pounds. If he or she cannot for reasons that are related to age, then the employer may legally discriminate, as long as the discrimination is based on capabilities and not on age. CB