This page sets out what the Age Discrimination in Employment Act (ADEA) asks of employers, with numbers as of October 2026. For the overview, see the ADEA guide.
What the law requires
| Requirement | What it means in plain words | Section |
|---|---|---|
| No age discrimination | No bias against someone 40 or older in hiring, firing, pay, promotion, layoff, training or benefits. | 29 U.S.C. 623(a) |
| No age-preference ads | Ads and notices cannot signal an age preference or limit. | 623(e) |
| No age harassment | Age remarks that are frequent or severe, or lead to a firing or demotion, are unlawful. Simple teasing and isolated incidents that are not very serious are not. | EEOC guidance |
| Neutral rules | A neutral policy that hurts workers 40 or older is unlawful unless it rests on a reasonable factor other than age. | 623(f); EEOC guidance |
| No retaliation | No punishing someone who opposes age bias or joins a charge or suit. | 623(d) |
| Valid waivers | A release outside a filed charge or suit has to be knowing and voluntary, in plain terms, with extra value in return, no waiver of future claims, written advice to consult a lawyer, 21 days to consider (45 for group programs) and 7 days to revoke. | 626(f) |
Key numbers and dates
| Item | Amount or date | Year in force | Source label |
|---|---|---|---|
| Minimum protected age | 40 | 2026 (statute) | 29 U.S.C. 631(a) |
| Employee threshold | 20, in each of 20 weeks | 2026 (statute) | 29 U.S.C. 630(b) |
| Charge deadline | 180 days; 300 days only where a state age law and agency exist, as in Illinois | 2026 | EEOC |
| Wait before suing | 60 days after the charge is filed | 2026 (statute) | 29 U.S.C. 626(d) |
| Suit window | 90 days after EEOC notice that the case ended | 2026 (statute) | 29 U.S.C. 626(e) |
| Waiver review time | 21 days (group program: 45); 7 days to revoke | 2026 (statute) | 29 U.S.C. 626(f) |
| Executive pension floor | $44,000 a year | 2026 (statute) | 29 U.S.C. 631(c) |
| Records | Payroll 3 years; hiring and discharge files 1 year; plan documents for the plan's life plus 1 year | 2026 (regulation) | 29 CFR 1627.3 |
Source: 29 U.S.C. 626; EEOC
Recent and pending changes
- 2023 to October 2026: in the sources we read we found no amendment to the ADEA's text and no new ADEA-specific EEOC rule. Check eeoc.gov for later news.
- Records rule: 29 CFR 1627.3 was last amended in 1991 (eCFR current to October 23, 2026).
Penalties and enforcement
| Step | Who acts | What happens |
|---|---|---|
| Charge | Worker and EEOC | The worker files within the deadline. The EEOC may investigate or settle the case. |
| Lawsuit | Worker | A suit may start 60 days after filing and within 90 days after the EEOC's closing notice. Jury trials are available. |
| Remedies | Court | Back pay, hiring or reinstatement and court orders. An equal added amount, called liquidated damages, applies only to willful violations. No pain-and-suffering or punitive damages. |
| Poster | EEOC | Section 627 requires the notice. The $698 poster fine in the EEOC rule names other laws, not the ADEA. |
Award payments are covered in our W-2 and W-3 guide. Continue to the checklist and FAQs, compare the ADA, or see our payroll services.
Official sources
- U.S. EEOC: Age Discrimination
- Cornell Law School Legal Information Institute: 29 U.S.C. 626, enforcement and waivers
- Cornell Law School Legal Information Institute: 29 U.S.C. 631, age limits and exceptions
- U.S. EEOC: Time limits for filing a charge
- eCFR: 29 CFR 1627.3, records to be made or kept
This page is a plain-language summary. The official source controls if there is any difference.