You Do Have Legal Protection From Age Discrimination at Work

By Teresa Ambord

It’s illegal, but it’s also a fact of life.  Many employers do discriminate on the basis of age.   But the federal government takes a dim view of such practices and as a result, large businesses have been hauled before the Equal Employment Opportunity Commission, or EEOC,  (which enforces age discrimination law) or into court.

So why do some employers risk breaking this law in spite of the mounting number of judgments against businesses?

Some companies try to deal with rising costs by cutting payroll expenses.  Often they perceive that the quickest way to do that is by letting older workers go.  These are the employees that have been on the job long enough to be earning the highest salaries, the longest vacations, and the most expensive benefits.

Another reason for age bias is that some employers view older workers as less productive and less willing to learn new skills.

The ADEA

The law that protects employees, contractors, and job applicants age 40 and over is called the Age Discrimination in Employment Act, or ADEA.  At this time, the ADEA applies to companies with 20 or more employees including state, local, and the federal government, employment agencies, and labor organizations. Even so, if you believe you’ve been discriminated against on the basis of age, contact your nearest EEOC to talk it over.  (See contact information below.)

Here is what you need to know about age discrimination in the workplace:

  • You cannot be fired, demoted, or otherwise discriminated against solely because of your age.
  • Job applicants cannot be refused employment soley on the basis of age.
  • Anyone who believes they have been discriminated against based on age can file a complaint with the EEOC or sue in court.  You can also file on behalf of another person if that person wishes to protect their identity.

Before you file a complaint or sue you should know, age discrimination is hard to prove.  That’s why the EEOC recommends that the first step you should take is to try talking to your employer, explaining that you believe you’ve been discriminated against because of your age.  The issue may be resolvable without need to go farther. But if that doesn’t help, you’ll need solid evidence rather than just suspicion if you hope to prevail.

If you need to file an age discrimination complaint, don’t wait too long.  You must file within 180 of the date the discrimination occurred. You can file by mail, by phone,  or by visiting your local EEOC office.  Click here to find the office nearest you:

What information will you need to provide when filing a complaint?

  • Your name, address, and telephone number.
  • The name, addresss, and telephone number of the employer, union, or employment agency you feel discriminated, and the number of employees or members, if you know it.
  • The date the incident occurred.
  • A brief description of what happened.

Click here to find more instructions form the EEOC on filing a complaint:

If the employer in question is federal, click here for more information:

Most age discrimination cases are resolved one way or the other by the EEOC.  But if the EEOC investigates your case and dismisses it, you can go a step farther and sue the employer on your own.  The time limit to do this is strict,  generally 90 days from the time you receive the notice from the EEOC.  Before you do that, make sure your evidence is solid since you may be in for a lengthy and expensive fight.