Age Discrimination at Work: Basic Protections

Being passed over for a promotion, left out of training, or let go in a layoff can raise a hard question: did my age play a part? Federal law protects many older workers from age discrimination, and many states add their own protections. This guide explains in general terms who is protected, what kinds of treatment the law covers, how complaints are filed, and why deadlines matter. It cannot tell you whether your situation is age discrimination. That depends on the facts.

Who is protected

The main federal law is the Age Discrimination in Employment Act (ADEA). The U.S. Equal Employment Opportunity Commission (EEOC) explains on its age discrimination page that:

• The ADEA forbids age discrimination against people who are age 40 or older.
• It does not protect workers under 40, although some states have laws that protect younger workers from age discrimination.
• It is not illegal for an employer to favor an older worker over a younger one, even if both are 40 or older.
• Discrimination can happen even when both the worker and the person who discriminated are over 40.

The EEOC lists the ADEA as covering employers with 20 or more employees. State and local laws may cover smaller employers. USAGov's overview of federal workplace laws also lists the ADEA as protecting employees and applicants over 40, with the EEOC as the enforcing agency.

What the law covers

According to the EEOC, the law prohibits age discrimination in any part of employment, including:

• Hiring and firing
• Pay
• Job assignments
• Promotions
• Layoffs
• Training
• Benefits
• Any other term or condition of employment

Age-based pay differences are also covered. The EEOC's equal pay and compensation page says the ADEA, along with Title VII and the ADA, prohibits compensation discrimination on the basis of age.

Harassment based on age

The EEOC says it is unlawful to harass a person because of their age. Harassment can include offensive or derogatory remarks about someone's age. The EEOC explains that the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious. Harassment becomes illegal when it is so frequent or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision, such as being fired or demoted.

The harasser can be a supervisor, a supervisor in another area, a coworker, or someone who is not an employee, such as a client or customer.

Policies that apply to everyone

Age discrimination is not always about one person's decision. The EEOC explains that a policy or practice that applies to everyone, regardless of age, can still be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (often shortened to RFOA).

Whether a policy meets that standard depends on the facts. An employment lawyer can look at how a policy works in practice.

Time limits

Deadlines in discrimination cases can be short. The EEOC lists:

• 180 days to file a charge under the ADEA, which it says may be extended by state laws
• 45 days for federal employees to contact an EEO counselor

Because the deadline often runs from the date of the decision you are challenging, such as a firing or a denied promotion, it is wise to note that date and get information early.

How to file a charge

The EEOC's filing a charge page explains that if you believe you were discriminated against at work because of age (40 or older), or other protected traits, you can file a charge of discrimination. In general:

• You start with an online inquiry through the EEOC Public Portal and an interview with EEOC staff.
• A charge can then be completed through the portal. The EEOC says the final decision to file is yours.
• The EEOC must notify the employer that a charge was filed.
• If you have 60 days or fewer left to file, the portal gives special directions for filing quickly. You can also find your nearest EEOC office by zip code.

The EEOC notes that, except for the Equal Pay Act, the laws it enforces require you to file a charge before you can file a job discrimination lawsuit against your employer.

State and local agencies

Many states and localities have their own anti-discrimination laws and agencies, called Fair Employment Practices Agencies (FEPAs). The EEOC says a charge filed with a FEPA is automatically "dual-filed" with the EEOC when federal laws apply, so you do not need to file with both.

Practical steps

• Write a timeline. Note dates, who was involved, what was said, and any documents you received.
• Keep records you are allowed to keep. Performance reviews, emails, job postings, and termination letters can help.
• Note comparisons. If younger workers were treated differently in similar situations, write down what you know.
• Read anything before you sign it. If you are offered a severance agreement, it may ask you to give up claims. Take time to read it and consider getting advice.
• Watch the deadline. Internal complaints do not necessarily stop the clock on a charge.

When to talk to a lawyer

An employment lawyer can explain which laws apply, whether your state offers additional protections, and how to meet filing deadlines. Ask about experience with age discrimination matters and how fees work. If cost is a concern, USAGov's legal aid page lists free and low-cost legal help, and resources for seniors such as the Eldercare Locator.

Frequently asked questions

Does age discrimination law protect workers under 40?

The federal ADEA protects people 40 and older. The EEOC notes that some states protect younger workers too.

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

Under federal law, the EEOC says it is not illegal to favor an older worker over a younger one, even if both are 40 or older.

How long do I have to file a charge?

The EEOC lists 180 days for ADEA charges, which may be extended by state law. Federal employees have 45 days to contact an EEO counselor.

Do small employers have to follow the ADEA?

The EEOC lists ADEA coverage for employers with 20 or more employees. State laws may cover smaller employers.

Related: Browse more legal guides and find employment lawyers near you.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.