Does the ADEA impose an upper-age limit for coverage?
No, although the ADEA when originally enacted only protected employees to the age of 70, Congress repealed that upper-age limit. The ADEA does allow the imposition of age limits for certain professions if evidence shows the ability to perform a particular job significantly diminishes with age or imposes a danger to society. This type of limit is termed a bona fide occupational qualification (BFOQ). Courts have interpreted the ADEA as allowing the imposition of age limits on professions such as airline pilot and bus driver because research shows ability to perform these occupations decreases with age. Does the ADEA permit an employer to establish a mandatory retirement age? Because the ADEA imposes no upper-age limit for coverage, it generally prohibits employers from requiring employees to retire at a certain age. However, if an employer establishes a BFOQ, the ADEA allows the employer to set a mandatory retirement age. How is age discrimination different from other types of discrimina
