Age Discrimination in Employment Act (ADEA)

This act prohibits employers from discriminating against certain applicants and employees, who are 40 years of age or older, on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.

Religious institutions are not explicitly excluded under the ADEA. For an employee’s claim to succeed under the ADEA, the employee must prove that the employee was older than 40, was qualified for the position, was adversely affected, and was replaced by someone younger than the employee terminated.

Employers are also, with limited exceptions, prohibited from requiring employees 40 years of age or older to retire because of their age.

U.S. Department of Labor, Age Discrimination