What is age discrimination?
If you are 40 years of age or older, and you have been harmed by a decision affecting your employment, you may have suffered unlawful age discrimination. The Age Discrimination in Employment Act (ADEA), discussed below at number 2, is a federal law that protects individuals 40 years of age or older from employment discrimination based on age. Here are some examples of potentially unlawful age discrimination:
If any of these things have happened to you on the job, you may have suffered age discrimination.
Are there state law(s) that cover older workers?
Every state except South Dakota has a law prohibiting age discrimination in the workplace. Forty-three state laws include age within their omnibus anti-discrimination laws, meaning the same standards and damages apply in age cases as they do in other state law discrimination cases. Thirty-two state laws provide for either compensatory and/or punitive damages, with 21 states providing for both.
Who is covered by age discrimination laws?
Workers who are 40 years of age or older are protected by the ADEA from employment discrimination based on age, if the employer regularly employs 20 or more employees.
Many states also make it illegal to discriminate on the basis of age; however, the minimum number of employees needed to bring a claim varies. For more information, please see our page on the minimum number of employees needed to file a claim under your state law.
If two workers are both protected by the ADEA, an employer still may not use age as the basis for an employment decision. For example, a company can't hire a 45-year-old over a 62-year-old simply because of age; if the company hired the younger employee due to her age, the 62-year-old employee would still have a claim.
The ADEA's protections apply to both employees and job applicants. If you are a current employee over 40 and are fired or not promoted due to age, you are protected. If you are not hired due to age, you are also protected.
"The coronavirus pandemic has affected people of all ages, but one age group may feel as though the odds are stacked against them. Based on research conducted during the Great Recession, it will likely be difficult for Americans who are 50 years or older to re-enter the workforce."
–Susan Weinstock | Vice President of Financial Resiliency at AARP,
from Hiscox Insurance
Ageism in the Workplace Study