{"id":355616,"date":"2016-04-04T10:41:57","date_gmt":"2016-04-04T15:41:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/civilrights\/discrimination\/age-discrimination.html"},"modified":"2023-08-29T23:12:34","modified_gmt":"2023-08-30T04:12:34","slug":"age-discrimination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civilrights\/discrimination\/age-discrimination.html","title":{"rendered":"Age Discrimination"},"content":{"rendered":"\n
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Age Discrimination<\/h1>\n
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\n By Danielle Gilmore, Esq.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Age discrimination occurs when someone mistreats another because of their age. An employer may face age discrimination claims by failing to promote workers over age 40 in favor of younger workers with identical qualifications.<\/p>\r\n

Federal laws also prohibit age discrimination in education<\/a> and federally funded health care programs<\/a>. The Age Discrimination in Employment Act (ADEA) applies only to those age 40 and older. But other federal laws protect people of all ages.<\/p>\r\n

Federal law recognizes the significance of combating discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination in housing, employment, and more. The Act protects you based on traits, such as race and national origin, and sex, including sexual orientation. However, age is not a protected class under Title VII.<\/p>\r\n

Age Discrimination in Employment<\/h2>\r\n

Employers must not discriminate against employees and job applicants on the basis of age. The federal Age Discrimination in Employment Act of 1967<\/a> (ADEA) covers those 40 and older. The ADEA applies to employers with at least 20 workers. It includes employment agencies that place applicants on job assignments.<\/p>\r\n

In addition, the federal Older Workers’ Benefit Protection Act prohibits age discrimination when determining benefits and retirement. Older people can also turn to state law for relief. States have separate age discrimination laws where plaintiffs can recover damages.<\/p>\r\n

Direct vs. Indirect Age Discrimination<\/h2>\r\n

There are different forms of age discrimination. Someone at work may harass you because of your age. Or your employer may retaliate against you after you make a discrimination complaint. These actions are examples of more obvious and direct forms.<\/p>\r\n

Sometimes, age discrimination is hard to recognize. It is not always an obvious violation. However, it helps to break down age discrimination into direct and indirect examples.<\/p>\r\n