The average lifespan of Americans is approaching 80 years. The
ratio of older adults to younger adults is rising. And as the
population changes, the workplace changes too. Some employees are
choosing to work longer. Others are using their longer and
healthier lifespan to pursue a second career. Still others find
themselves in need of a job during a longer than expected
retirement. As these changes occur, employers are increasingly
faced with new challenges in employing older workers. It is now
more essential than ever for employers to understand the laws
prohibiting age discrimination in employment.
In 1967, Congress passed the Age Discrimination in Employment
Act, commonly referred to as the ADEA, which protects individuals
age 40 and older from discrimination in the workplace based on age.
In 1990, Congress passed the Older Workers Benefit Protection Act,
or OWBPA, which amended the ADEA to prohibit employers from denying
benefits to older workers. Together the ADEA
