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 West Virginia, 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 in the workplace. 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. Additionally, West Virginia state law also prohibits age discrimination in employment, offering similar protections to workers within the state. Employers in West Virginia must comply with both federal and state laws regarding age discrimination. If an individual believes they have been discriminated against based on age, they may seek legal recourse through filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the West Virginia Human Rights Commission.