Who is Protected Under the ADEA?
Most workers who are 40 years or older and employed in the United States are protected against age discrimination by the ADEA if they work for employers with 20 or more employees. 29 U.S.C. ยง 631(a). This protection extends to job applicants, current employees, and retired employees in some circumstances. There are some exceptions to this coverage, however. Working Abroad: If you are a U.S. citizen employed overseas you may still be covered by the ADEA, as long as your employer is a U.S. corporation or a subsidiary of one. If instead you are a U.S. citizen who has applied for employment or are employed abroad with a foreign corporation that is not controlled by an American affiliate, you are not protected against age discrimination under the ADEA. If you are not a U.S. citizen, the ADEA only protects you if you are employed inside the United States. Military Personnel: If you are an uniformed personnel member in active or reserve armed forces the ADEA does not protect you. See Spain v.
