Non-U.S. Citizens Working Outside U.S. Are Not Covered by ADEA Disclosure Requirements

Joining its sister agencies at the Department of Labor in the flurry of last minute guidance under the Trump Administration, the Equal Employment Opportunity Commission provided an opinion letter on the application of the Age Discrimination in Employment Act’s requirements to non-U.S. citizens working outside the U.S.

Under the Older Workers Benefit Protection Act, which amends the ADEA, employers seeking a release of claims in connection with an exit incentive or other termination program must provide specific information regarding the job titles and ages of all individuals eligible or selected for the program, as well as those who are not. In the opinion letter, EEOC stated that employers need not include non-U.S. citizens working outside the U.S. in such disclosures because they are not considered “employees” for purposes of ADEA, which covers only workers in the U.S. or U.S. citizens working for U.S. employers in another country.