Returning to work after retirement - or staying in the workforce longer than you planned - should not mean accepting unfair treatment because of your age. Federal law provides meaningful protections for workers 40 and older, and understanding those protections can help you recognize when something is wrong and what options you have.
What Law Covers Age Discrimination at Work?
The Age Discrimination in Employment Act (ADEA) is the primary federal law that protects workers from age-based discrimination in employment. It has been in effect since 1967 and covers a wide range of employment situations.
Who Is Protected?
The ADEA protects workers and job applicants who are 40 years of age or older. There is no upper age limit - the law protects workers in their 60s, 70s, and beyond just as it protects workers in their 40s and 50s.
The law applies to employers with 20 or more employees, including private businesses, state and local governments, employment agencies, and labor organizations. Smaller employers may be covered under state laws, which vary.
What Does the ADEA Prohibit?
The ADEA makes it unlawful for covered employers to discriminate based on age in any aspect of employment, including:
- Hiring and firing decisions
- Compensation and benefits
- Job assignments
- Promotions and demotions
- Layoffs
- Training opportunities
- Any other term or condition of employment
This means an employer cannot refuse to hire someone because they are 60, cannot pass over a qualified older worker for promotion in favor of a younger one, and cannot target older workers in a layoff unless there is a legitimate, age-neutral reason.
Can an Employer Ask Your Age During Hiring?
The ADEA does not specifically prohibit employers from asking an applicant's age or date of birth during the hiring process. However, because such questions can suggest discriminatory intent, they are generally avoided by employers who follow good hiring practices. If asked, you are not required to answer, and you can note if you believe the question played a role in a hiring decision.
Job postings also cannot include age preferences or limitations - for example, language like "recent graduates preferred" or "seeking candidates under 40" is generally prohibited.
What About Benefits?
The Older Workers Benefit Protection Act of 1990 amended the ADEA to specifically prohibit employers from denying benefits to older employees. Employers may sometimes offer different benefit packages to employees of different ages, but only under narrow conditions where the cost of providing equal benefits differs significantly by age.
What Is Retaliation and Is It Prohibited?
Yes. It is unlawful under the ADEA for an employer to retaliate against anyone who:
- Opposes age-discriminatory employment practices
- Files an age discrimination charge
- Testifies or participates in any ADEA-related investigation or legal proceeding
Retaliation can take many forms - termination, demotion, schedule changes, or a hostile work environment following a complaint. If you experience it, that itself may be a separate violation.
What If You Are Asked to Sign a Waiver?
Sometimes employers ask employees - particularly in severance agreements or layoffs - to waive their rights under the ADEA. Such waivers must meet specific legal requirements to be valid. Among other things, the waiver must be written in plain language, must refer specifically to ADEA rights, must advise you to consult an attorney, and must give you at least 21 days to consider it and 7 days to revoke it after signing. A waiver that does not meet these standards may not be enforceable.
How Do You File an Age Discrimination Complaint?
If you believe you have experienced age discrimination, the first step is generally filing a charge with the Equal Employment Opportunity Commission (EEOC). There are deadlines for filing - typically 180 days from the discriminatory act, or 300 days in states with their own anti-discrimination laws. Acting promptly is important.
The EEOC will investigate the charge and may attempt to resolve it through mediation. If the matter is not resolved, the EEOC may file a lawsuit or issue a "right to sue" letter allowing you to pursue the matter in federal court.
Where to Learn More
- EEOC - Age Discrimination - eeoc.gov/age-discrimination The EEOC's full overview of ADEA protections, employer obligations, and how to file a charge.
- EEOC - File a Charge - eeoc.gov/filing-charge-discrimination How to file an age discrimination charge with the EEOC, including deadlines and what to expect.
- USA.gov - Workplace Discrimination - usa.gov/job-discrimination-harassment A federal overview of worker rights and how to report discrimination.
Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. If you believe you have experienced age discrimination, consulting an employment attorney can help you understand your options and the deadlines that apply to your situation.