The Age Discrimination in Employment Act (ADEA) is a federal statute that prohibits employment discrimination against persons 40 years of age or older. The ADEA is located in the United States Code, beginning at 29 U.S.C. §621.
In New Mexico, as in all states, the Age Discrimination in Employment Act (ADEA) provides federal protections for employees and job applicants who are 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment. The ADEA applies to employers with 20 or more employees, including state and local governments, employment agencies, and labor organizations. Additionally, New Mexico state law also prohibits age discrimination in employment, offering similar protections as the ADEA. This means that in New Mexico, employees over the age of 40 are protected by both federal and state laws against age discrimination in the workplace. If an individual believes they have been discriminated against based on age, they may seek recourse through the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADEA, or through state-level mechanisms.