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What Counts as Age Discrimination?

By the Gray Hair Jobs Editorial Team · Published · Facts checked against sources on · 2 min read

The short answer

Age discrimination is treating a job applicant or employee less favorably because they are 40 or older. It can affect hiring, firing, pay, promotions, layoffs, training, and job assignments. The federal Age Discrimination in Employment Act applies to employers with 20 or more employees. Harassment based on age can also be illegal.

This page is general information, not legal advice. Laws differ by state and situation. For advice about your own case, contact the agency named here or a qualified employment lawyer.

Key points

  • The ADEA protects people 40 and older.
  • It applies to employers with 20 or more employees; state laws may cover smaller employers.
  • An EEOC charge generally must be filed within 180 calendar days, or 300 days where a state or local agency enforces an age discrimination law.
  • Retaliating against someone for complaining about age discrimination is also illegal.

What does the law cover?

The Age Discrimination in Employment Act (ADEA) is a federal law. It protects people 40 and older from discrimination at work because of age. It applies to employers with 20 or more employees, as well as employment agencies, labor organizations, and federal, state, and local governments. Many state laws offer similar protection and may cover smaller employers.

The law covers every part of employment, including:

  • Hiring and job ads
  • Firing and layoffs
  • Pay and benefits
  • Promotions and job assignments
  • Training opportunities

What are examples of possible age discrimination?

These situations may be signs of age discrimination. Whether something is illegal depends on the facts.

  • A job ad that says "young, energetic team" or sets a maximum age
  • Being passed over for a promotion that goes to a less-qualified, younger worker, with comments about your age
  • Being left out of training because you are "close to retirement"
  • Layoffs that fall mostly on older workers without a clear business reason
  • Repeated jokes or comments about your age that create a hostile workplace
  • Being pushed to retire

What usually does not count?

Not every bad outcome is discrimination. An employer can make decisions based on skills, performance, or legitimate business needs. A few jobs have legal age rules for safety reasons. The key question is whether age was the reason for the decision.

What can you do if you think it happened?

  1. Write things down. Record dates, what was said, who was there, and any documents.
  2. Keep copies of job ads, emails, performance reviews, and letters.
  3. Use internal channels if it is safe, such as HR or a complaint process.
  4. Contact the EEOC. You can learn how to file a charge of discrimination (opens in a new tab).
  5. Watch the deadline. A charge generally must be filed within 180 calendar days of the event. That extends to 300 days where a state or local agency enforces a law against age discrimination.
  6. Consider talking to an employment lawyer for advice about your specific situation.

Where to go next

Frequently asked questions

Does age discrimination law protect younger workers?

The federal ADEA protects people 40 and older. It does not protect workers under 40. Some state laws protect workers of other ages, so check your state's rules if you are younger than 40. Your state's fair employment agency can tell you what applies.

Can an employer favor an older worker over a younger one?

Under the federal ADEA, an employer may favor an older worker over a younger one, even if both are 40 or older. The law is meant to protect against bias toward older workers, not the reverse. Some state laws may treat this differently, so check your state's rules.

How long do I have to file a complaint?

An EEOC charge generally must be filed within 180 calendar days of the discrimination. That extends to 300 days if a state or local agency enforces a law prohibiting age discrimination. Federal employees follow a different process with shorter deadlines. Check eeoc.gov for details.

Is it illegal to ask my age in an interview?

Federal law does not ban the question itself, but the EEOC says such questions may be closely examined to make sure the employer had a lawful reason. Employers cannot base hiring decisions on age for people 40 and older. Some states have stricter rules.

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Sources

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