The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from discrimination based on age. Understanding ADEA protections helps you recognize age discrimination and take action when employers treat you unfairly because of your age.
What the ADEA Protects
The ADEA prohibits age discrimination in all aspects of employment: hiring and recruitment, promotion and advancement, compensation and benefits, job assignments and conditions, training opportunities, layoffs and terminations, and any other term or condition of employment.
Protection applies to workers age 40 and older at employers with 20 or more employees.
Types of Age Discrimination
Age discrimination takes various forms:
Disparate treatment: Intentionally treating older workers worse because of their age—passing them over for promotions, laying them off first, or refusing to hire them.
Disparate impact: Facially neutral policies that disproportionately harm older workers without legitimate business justification.
Harassment: Age-based harassment creating a hostile work environment—constant age-related comments, jokes, or ridicule.
Common Signs of Age Discrimination
Warning signs include: being replaced by significantly younger workers, comments about being "overqualified" or not being a "cultural fit," exclusion from meetings, training, or projects, sudden negative performance reviews after years of positive ones, layoffs disproportionately affecting older workers, job postings seeking "digital natives" or recent graduates, and pressure to retire or accept early retirement.
Proving Age Discrimination
To establish an ADEA claim, you typically must show:
1. You are 40 or older.
2. You suffered an adverse employment action (firing, demotion, failure to hire).
3. You were qualified for the position.
4. You were treated worse than substantially younger employees, or circumstances suggest age was a factor.
After you establish this prima facie case, the employer must provide legitimate, non-discriminatory reasons for its actions. You then must show those reasons are pretextual (false cover for discrimination).
The "But-For" Causation Standard
Under the ADEA, you must prove age was the "but-for" cause of the adverse action—meaning the action wouldn't have happened but for your age. This is a higher standard than "motivating factor" used in some other discrimination claims.
Layoffs and Reductions in Force
Layoffs often trigger age discrimination claims. Warning signs include layoffs disproportionately affecting older workers, keeping younger workers in similar positions, and vague or pretextual selection criteria. Statistical evidence showing age patterns in layoffs can support claims.
Older Workers Benefit Protection Act
The OWBPA requires specific protections when employers seek waivers of ADEA claims—common in severance agreements. Valid waivers must be written in understandable language, specifically reference ADEA rights, provide something of value beyond what you're already owed, advise you to consult an attorney, and allow 21-45 days to consider (depending on circumstances).
Waivers not meeting these requirements may be invalid.
State Law Protections
Many states have stronger age discrimination protections: lower age thresholds (some protect workers under 40), smaller employer coverage (below 20 employees), and longer filing deadlines. Check your state's laws—you may have claims beyond the federal ADEA.
Filing an ADEA Claim
Before suing under the ADEA, you must file with the EEOC within 180 days (300 days in states with local agencies). The EEOC may investigate, attempt conciliation, or issue a right-to-sue letter allowing you to proceed in court.
Remedies for Age Discrimination
Successful ADEA claims can recover: back pay for lost wages, reinstatement or front pay, lost benefits, liquidated (double) damages for willful violations, and attorney fees. Unlike Title VII, the ADEA doesn't provide compensatory damages for emotional distress.
Getting Legal Help
Age discrimination claims require careful documentation and legal strategy. An employment attorney can evaluate your case, preserve evidence, meet filing deadlines, and pursue maximum recovery. Many offer free consultations and handle cases on contingency.