Age Discrimination at Work: Your Rights and What to Do

What does age discrimination mean?

Age discrimination happens when an employer treats an applicant or employee less favorably because of their age. In the United States, the main federal law is the Age Discrimination in Employment Act (ADEA). It protects people who are 40 or older from discrimination in any part of employment, including:

• Hiring and job advertisements
• Pay and benefits
• Job assignments and promotions
• Training
• Layoffs and firing
• Harassment based on age

The ADEA applies to private employers with 20 or more employees, as well as employment agencies, labor organizations, and federal, state, and local governments. Many states have their own laws, and some of those cover smaller employers or offer additional protections.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADEA. Its age discrimination page (opens in a new tab) is the best official starting point.

This page is general information, not legal advice.

What are common examples of age discrimination?

These are illustrations, not a complete list. Whether something is illegal depends on the facts.

• Hiring: A job posting asks for "recent graduates" or "digital natives," or an interviewer says the team wants "younger energy."
• Layoffs: A reorganization removes mostly older workers while keeping younger employees with similar or weaker performance.
• Promotions and training: Older employees are repeatedly passed over or left out of training "because they'll retire soon."
• Pressure to retire: A manager repeatedly asks when you plan to retire, combined with poorer treatment.
• Harassment: Frequent jokes or comments about age that are severe or widespread enough to create a hostile workplace, or that lead to a negative job decision.
• Retaliation: Being demoted, given worse hours, or fired after you complain about age discrimination.

What is not necessarily age discrimination?

Not every unfair or frustrating experience is illegal. Understanding the limits helps you decide what to do.

• Decisions based on factors other than age. An employer can make decisions based on job performance, qualifications, or a reasonable factor other than age, even if the result affects some older workers.
• Being turned down for a job. Not getting hired is not discrimination by itself. The question is whether age was a reason.
• A single offhand remark. One stray comment may be inappropriate but is not always enough to show illegal discrimination. A pattern of comments, or comments tied to a decision about you, matters more.
• Favoring older workers. Under the federal ADEA, employers may favor an older worker over a younger one, even if both are over 40.
• Workers under 40. The federal ADEA does not protect people under 40, though some state laws do.
• Very small employers. The federal law does not cover employers with fewer than 20 employees, but your state's law might.
• Asking your age. An employer asking for your age or birth date is not automatically illegal, but the EEOC notes such requests may be closely examined to make sure they are used for a lawful purpose.

How do I document incidents?

Good records help an agency or attorney understand what happened. Start as soon as you notice a problem.

1. Write it down promptly. Record the date, time, place, who was involved, and exactly what was said or done.
2. Note witnesses. Write down who else was present.
3. Keep copies of documents you are allowed to have, such as performance reviews, emails sent to you, job postings, pay records, and termination letters.
4. Track patterns. Note who was hired, promoted, or laid off, and their approximate ages, if you know them.
5. Store records safely at home, not only on a work computer or work email account.
6. Do not take confidential company files you are not authorized to have. Ask an attorney if you are unsure.

Keep your notes factual and calm. Stick to what you saw and heard.

Should I raise the issue internally first?

Many employers have a human resources department or complaint process. Using it can sometimes resolve a problem and creates a record that you raised it. Put your complaint in writing and keep a copy. The law protects you from retaliation for making a good-faith complaint. Filing internally does not pause the deadline for filing with the EEOC, so keep track of the dates.

Where can I find official information?

• EEOC age discrimination page: eeoc.gov/age-discrimination (opens in a new tab) explains the law and your rights.
• Your state's fair-employment agency: Most states have an agency that enforces state anti-discrimination laws. Search for your state's name and "fair employment" or "civil rights" on your state government's official website, or find it through USA.gov (opens in a new tab).
• U.S. Department of Labor: dol.gov (opens in a new tab) has general information about workers' rights.

Where can I file a complaint?

• The EEOC. Private-sector and state and local government employees and job applicants can file a charge of discrimination. The EEOC explains the process on its filing a charge page (opens in a new tab), including online, phone, and in-person options.
• A state or local fair-employment agency. Many states have agencies that work with the EEOC. A charge filed with one is often "dual-filed" with the other.
• Federal employees follow a different process that starts with an EEO counselor at their own agency, with shorter deadlines. The EEOC website explains it.

Deadlines matter. An EEOC charge generally must be filed within 180 calendar days of the discriminatory act. That deadline is extended to 300 days if a state or local agency enforces a law that prohibits age discrimination. If you miss the deadline, you may lose the right to pursue the claim.

What about severance agreements?

If you are offered severance in exchange for signing away your right to sue for age discrimination, federal law sets specific requirements for that waiver to be valid. These include being advised in writing to consult a lawyer, time to consider the agreement, and a period after signing during which you can change your mind. The EEOC has information on these rules. Read any agreement carefully before signing, and consider having a lawyer review it.

When might I want a lawyer?

You do not need a lawyer to file a charge with the EEOC. However, you may want to talk to an employment lawyer if:

• You have been fired, laid off, or demoted and believe age was a factor.
• You are being asked to sign a severance agreement or release.
• You are close to a filing deadline.
• You are facing retaliation after complaining.
• Your situation involves large amounts of pay, benefits, or pension rights.

Many employment lawyers offer a free or low-cost first consultation, and some represent workers on a contingency basis, meaning they are paid from any recovery. Your state bar association can usually refer you to employment lawyers. Legal aid organizations may help if you have limited income.

What are common mistakes?

• Waiting too long. Deadlines can pass while you hope the situation improves.
• Relying on memory. Notes written at the time are far more useful than recollections months later.
• Quitting in anger without advice. Talk to someone first if you can.
• Signing a release quickly. Take the time the law gives you to review it.
• Posting about it publicly. Social media posts can complicate a claim.

Next steps

1. Read the EEOC's age discrimination page (opens in a new tab).
2. Start a dated, factual record of what has happened.
3. Mark the 180-day and 300-day dates on your calendar from the most recent incident.
4. Consider raising the issue in writing with HR.
5. Contact the EEOC or your state agency, and consider speaking with an employment lawyer.

For job-search issues, see what counts as age discrimination and should you include graduation dates.