Age Discrimination at Work — What It Is and What You Can Do
Age Discrimination at Work — What It Is and What You Can Do
Age discrimination is one of the most common — and most overlooked — forms of workplace discrimination. If you’re 40 or older, you have significant federal protections.
What the Law Says
The Age Discrimination in Employment Act (ADEA) prohibits employers with 20 or more employees to:
- Fire or refuse to hire someone because of their age
- Deny promotions, training, or assignments based on age
- Force early retirement
- Create a hostile work environment based on age-related comments or behavior
- Retaliate against you for reporting age discrimination
Common Signs of Age Discrimination
- You were replaced by a significantly younger person
- You were passed over for promotion despite strong performance
- Younger employees with less experience receive better assignments
- Age-related comments were made about your work (“you’re set in your ways,” “we need fresh energy”)
- You were laid off as part of a reduction in force, but younger employees in similar roles were retained
What to Do
Step 1: Document everything
Write down dates, names, what was said, and what decisions were made. Save any emails or written communications.
Step 2: File with the EEOC
You must file a charge within 180 days of the discriminatory act (300 days in states with their own agency). This is required before you can take any further action.
- 1-800-669-4000 | www.eeoc.gov
Step 3: State agency
Many states have their own age discrimination protections that go further than the federal law. Contact your state’s civil rights or labor agency.
What the EEOC Process Looks Like
- You file a charge (free, online or by phone)
- EEOC notifies your employer
- EEOC may investigate or offer mediation
- If unresolved, EEOC issues a “Right to Proceed” notice
- You then have 90 days to pursue further action
Free Resources
- EEOC: 1-800-669-4000 | www.eeoc.gov
- AARP Foundation (free help for workers 50+): www.aarp.org/aarp-foundation/our-work/income/workers-rights
- Dial 2-1-1 for local worker advocacy support