Age discrimination occurs when an employer, organization, or institution treats an individual less favorably because of their age, typically against people aged 40 and older. It is prohibited under both federal and state laws, such as the Age Discrimination in Employment Act (ADEA) and corresponding state human rights laws.

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1. Legal Basis

• Federal Law: The Age Discrimination in Employment Act of 1967 (ADEA) protects workers 40 years and older from discrimination in hiring, firing, promotion, compensation, and other employment terms.

• State Laws: Many states have their own Human Rights Acts or Fair Employment Practices laws that offer similar or broader protections, sometimes covering employers with fewer employees.

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2. Examples of Age Discrimination

• Being denied a promotion or job opportunity in favor of a younger, less qualified candidate.

• Being laid off or terminated while younger employees with less experience are retained.

• Age-based harassment, such as jokes or derogatory remarks about being “too old” or “out of touch.”

• Forced retirement or job reassignment due to age.

• Unequal training, benefits, or pay tied to age.

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3. Filing a Civil Claim

If internal complaints or EEOC/state agency remedies fail, an individual can pursue a civil lawsuit.

Steps include:

1. Filing a charge with the Equal Employment Opportunity Commission (EEOC) (usually within 180–300 days of the discriminatory act).

2. Receiving a “Right to Sue” letter from the EEOC.

3. Filing a lawsuit in federal or state court within the specified time limit after receiving the letter.

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4. Remedies in Civil Litigation

A successful age discrimination lawsuit can result in:

• Back pay: Lost wages and benefits.

• Front pay: Future lost earnings.

• Reinstatement: Returning the employee to their former position.

• Compensatory damages: For emotional distress (in some state laws, not under ADEA).

• Liquidated damages: Equal to back pay if the employer’s conduct was “willful.”

• Attorney’s fees and court costs.

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5. Employer Defenses

Employers may defend themselves by showing:

• The decision was based on legitimate business reasons, not age.

• The employee was unqualified or violated company policy.

• The action fell under a bona fide occupational qualification (BFOQ) related to safety or job performance.

• The employer acted in good faith and did not willfully violate the law.

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6. Importance of Evidence

Proving age discrimination often depends on:

• Direct evidence: Explicit comments or policies showing bias.

• Circumstantial evidence: Patterns showing older workers are treated worse than younger ones.

• Comparative evidence: Treatment of similarly situated employees of different ages.

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