Society For Human Resource Management (SHRM) Certified Professional Practice Exam

Can Tony, who is under the age of 39, be protected by the Age of Discrimination in Employment Act?

1. Yes

2. No

3. Depends on the field he is in

4. The case would immediately be discarded if he were to file one

The correct answer is: The case would immediately be discarded if he were to file one

Under the Age Discrimination in Employment Act (ADEA), protections are specifically afforded to individuals who are 40 years of age or older. The purpose of this legislation is to prevent discrimination against older employees or job applicants based on their age. Therefore, since Tony is under the age of 39, he does not fall within the protected age group defined by the ADEA. The reasoning behind this law focuses on ensuring that older individuals, who may face bias due to their age, have legal recourse to challenge discriminatory practices in the workplace. Given this context, any legal case filed by someone under 40, such as Tony, would not be actionable under the ADEA, and that is why the notion that the case would be discarded aligns with the provisions of the law. Additionally, it is important to understand that while other laws may protect against discrimination based on different characteristics, the ADEA specifically targets age bias related to older workers, thus making it clear that younger workers like Tony are not covered under this particular act.