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 South Carolina, as in all states, the Age Discrimination in Employment Act (ADEA) applies to protect employees and job applicants who are 40 years of age or older from discrimination in the workplace based on age. The ADEA prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment. It applies to employers with 20 or more employees, including state and local governments, employment agencies, and labor organizations. While the ADEA is a federal law, South Carolina does not have a separate state statute that specifically addresses age discrimination; therefore, the protections afforded by the ADEA are the primary resource for individuals seeking relief from age discrimination in the state. Individuals who believe they have been discriminated against based on age may file a charge with the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADEA.