Laws Prohibiting Age Discrimination. The primary federal law prohibiting age discrimination in employment is the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. ("ADEA"). It prohibits age-based discrimination “in any aspect of employment” against most individuals 40 years of age or older by private employers having 20 or more employees, by employment agencies, by most labor unions, by local governments, and by state governments (subject to certain immunities). See generally 29 CFR § 1625.2. Under the ADEA, covered employers are forbidden to fail or refuse to hire, to discharge, or otherwise discriminate against any person with respect to compensation, terms, conditions, or privileges of employment because of such person's age; limit, segregate, or classify an employee in any way that would deprive the employee of job opportunities or adversely affect employment status because of age; reduce the wage rate of an employee in order to comply with the act; indicate any “preference, limitation, specification, or discrimination” based on age in any notices or advertisements for employment; and operate a seniority system or employee benefit plan that requires or permits involuntary retirement. Covered employment agencies are forbidden to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of the individual's age, or to classify or refer for employment any individual on the basis of the individual's age. Covered labor unions are forbidden to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his age; to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of the individual's age; and to cause or attempt to cause an employer to discriminate against an individual in violation of the ADEA. The primary Virginia law prohibiting age discrimination is the Virginia Human Rights Act, Va. Code § 2.2-2900A et seq. It provides in part: Conduct that violates any Virginia or federal statute or regulation governing discrimination on the basis of ... age ... shall be an "unlawful discriminatory practice. " The Virginia Human Rights Act is enforced by the Virginia Council on Human Rights. The stat...
