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You are covered by the ADEA1 if you are a private sector employer, engage in an “industry affecting commerce” and employ, or have employed, 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year. Public-sector employers are covered regardless of the number of employees.
ADEA’s protections are available to employees and applicants who are at least 40 years of age. There is no upper age limit.
The ADEA, like California’s FEHA, prohibits employers from taking age into consideration when making employment decisions, including, for example, hiring, discharging, discipline, or other decisions that affect the terms and conditions of employment, absent certain narrow exceptions discussed later in this section.
1. 29 U.S.C. 621 et seq.