What Counts as Age Discrimination at Work?

Updated October 13, 2026 · 2 min read · 4 sources

Short answer

Age discrimination is treating an applicant or employee less favorably because of age. The federal Age Discrimination in Employment Act protects workers 40 and older at employers with 20 or more employees, covering hiring, firing, pay, promotions, layoffs, benefits and training. Many states protect more workers. You generally must file a charge with the EEOC within 180 or 300 days.

Age discrimination is common but often subtle. Knowing what the law covers helps you recognize it.

Who is protected

The ADEA protects people 40 and older from discrimination because of age by employers with 20 or more employees, employment agencies and labor unions (29 U.S.C. 623, 630(b); EEOC). It does not protect younger workers from being favored over older ones, although some state laws protect workers of all ages.

Examples

  • Not hiring older applicants or using "digital native" or "recent graduate" requirements as a filter
  • Targeting older workers in layoffs or reorganizations
  • Pressuring employees to retire
  • Denying training or promotions because of age
  • Age-based comments by decision-makers ("too old," "set in your ways")
  • Harassment related to age

Mandatory retirement is generally prohibited, with narrow exceptions such as certain executives and public safety jobs.

How it is proven

Under the ADEA, a worker must show that age was the "but-for" cause of the decision, not just one factor (Gross v. FBL Financial Services). Evidence can include:

  • Age-related comments
  • Replacement by a substantially younger worker
  • Statistical patterns in layoffs
  • Inconsistent or shifting reasons for the decision
  • Better treatment of younger employees in similar situations

Severance and waivers

If you are 40 or older and asked to sign a release, federal law gives you time to consider it (21 days, or 45 in group layoffs) and 7 days to revoke, and requires disclosures in group programs. See severance.

Deadlines and process

File a charge with the EEOC within 180 days, or 300 days in states with their own agency enforcing an age discrimination law. You can sue under the ADEA 60 days after filing a charge, without waiting for a right-to-sue notice. See how to file a discrimination complaint.

Remedies

Back pay, reinstatement or front pay, and an equal amount of liquidated damages for willful violations, plus attorney fees. State laws may provide more.

An employment lawyer can assess the evidence and deadlines.

Sources

  1. EEOC: Age discrimination
  2. Cornell Law School LII: 29 U.S.C. 623, Prohibition of age discrimination
  3. Cornell Law School LII: 29 U.S.C. 630(b), Definition of employer
  4. Cornell Law School LII: Gross v. FBL Financial Services, 557 U.S. 167 (2009)

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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

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