Understanding Your Rights: Age Discrimination in the Workplace

It is illegal for an employer to make hiring, firing, or promotion decisions based on your age. Your experience is an advantage, not a liability. Still, it is important to know your rights and be prepared to advocate for yourself.

The primary law protecting older workers is the Age Discrimination in Employment Act (ADEA) of 1967. This federal law protects applicants and employees who are 40 years of age or older from discrimination in any aspect of employment, including hiring, pay, job assignments, promotions, and termination. The law applies to most employers with 20 or more employees.

While most employers follow the law and value the contributions of experienced workers, discrimination can still occur. It can be subtle, such as an interviewer making comments about you being “overqualified” or asking when you plan to retire. It can also be more direct, such as a company only hiring younger workers for a role you are qualified for.

If you believe you have been a victim of age discrimination, it is important to document everything. Keep a record of the dates, times, people involved, and what was said or done. You should familiarize yourself with your rights. Information about workplace rights is available from the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is the agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee. Labor laws and regulations are overseen by the U.S. Department of Labor.