Age Discrimination in Employment Act: Cross-Border Guide
See how the Age Discrimination in Employment Act applies to foreign-owned and cross-border U.S. employers: coverage, EEOC deadlines, remedies and releases.
Last reviewed October 27, 2026 · 3 min read · General information, not legal advice
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The Age Discrimination in Employment Act (ADEA) is the 1967 federal law that shields job applicants and employees aged 40 or older from age discrimination. Enforcement belongs to the EEOC, the U.S. Equal Employment Opportunity Commission. The page is written for owners of U.S. businesses with India or Canada ties, such as a foreign-owned company adding its twentieth employee near Aurora.
Slide show: The ADEA in seven slides
What it is
The ADEA (1967) bars age discrimination against applicants and employees aged 40 and older, and bars retaliation.
Who it affects
Employers with 20 or more employees. The EEOC enforces it.
The rule
Age may not drive decisions on hiring, firing, pay, layoffs or benefits, and ads may not signal an age preference.
The deadline
Charges are due at the EEOC within 180 days, or 300 in Illinois. A suit may start 60 days after the charge and no later than 90 days after the EEOC's closing notice.
The money
Back pay, and an equal sum on top of it for willful violations.
The release
A severance release of age claims, outside a filed charge or suit, needs a 21-day consideration period (45 days for a group program) and 7 days to revoke.
The tip
Many employers write down the non-age reason behind each hiring and layoff decision, and have an attorney draft any release.
Who does the Age Discrimination in Employment Act cover?
Item
Rule
Employer
An employer has 20 or more employees for each working day in at least 20 calendar weeks of the current or preceding year. Agents count, as do state and local governments. Employment agencies have no size test; some unions fall under tests of their own.
Who is protected
Applicants and employees aged 40 or older. Under-40 workers are not covered, though some state laws protect them.
Executive exception
Narrow: forced retirement at 65 or older, for someone in an executive or high-policymaking position for the prior 2 years who has a retirement benefit that is immediate and nonforfeitable, paying at least $44,000 a year.
Private employer under 20 employees
No ADEA coverage; state age laws may apply.
What the ADEA means for a foreign-owned or cross-border business