Age discrimination screener

Screening tool only. Age discrimination claims are highly fact-specific and depend on evidence, employer size, and state law. This tool identifies common patterns for discussion with an employment attorney - it doesn't evaluate your actual employment records. See our full disclaimer.

Your age discrimination assessment

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An employment attorney evaluates your specific facts, employer size, and evidence to determine whether an EEOC charge or lawsuit is viable. Age discrimination cases have strict filing deadlines - don't wait. Free initial consultation in most areas.

What does the ADEA actually protect against?

The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from discrimination in hiring, firing, promotion, pay, benefits, job assignments, and training based on their age. It applies to employers with 20 or more employees, along with unions and employment agencies.

Unlike some other discrimination claims, the ADEA also has a unique legal standard - you generally must show that age was the "but-for" cause of the adverse action, a higher bar than the "motivating factor" standard used in some other discrimination laws. This makes strong evidence particularly important in age cases.

Many states also have their own age discrimination laws that sometimes cover smaller employers or offer additional protections beyond federal law. Check the EEOC claim eligibility tool to confirm your employer is covered and your exact filing deadline before proceeding.

What evidence patterns typically support an age discrimination claim?

Direct evidence - a manager explicitly saying someone is "too old" or the company needs "new blood" or "fresh faces" - is powerful but rare. Most cases rely on circumstantial evidence: being replaced by a significantly younger, less qualified worker; a pattern of older employees being terminated during layoffs while younger, similarly-situated employees are retained; sudden negative performance reviews after years of positive ones, especially timed near a round of layoffs; or comments about retirement plans, energy levels, or being able to "learn new technology."

Statistical evidence matters too - if a company's workforce reduction disproportionately affected employees over 40 compared to younger employees in similar roles, that pattern itself can be evidence of discriminatory intent even without any explicit age-related comments.

If your age discrimination situation also involves a broader wrongful termination, use the wrongful termination screener to check whether other legal theories might also apply to your situation.

What is a "waiver" and why does it matter in layoffs?

When companies conduct layoffs, they often ask departing employees to sign a severance agreement that includes a waiver of legal claims, including age discrimination claims. The Older Workers Benefit Protection Act (OWBPA) sets strict requirements for these waivers to be valid when releasing ADEA claims specifically.

Required elements include: the waiver must be in writing and understandable, specifically mention ADEA rights, advise the employee to consult an attorney, provide at least 21 days to consider (45 days for group layoffs), and allow 7 days to revoke after signing. In group layoffs, the employer must also disclose the ages and job titles of everyone selected and not selected for the program. A waiver that doesn't meet these requirements may be invalid, meaning you could still pursue a claim even after signing.

Frequently asked questions

The federal ADEA applies to private employers with 20 or more employees, state and local governments, employment agencies, and labor unions. If your employer has fewer than 20 employees, federal ADEA protection doesn't apply, but many states have their own age discrimination laws that cover smaller employers - some apply to employers with as few as 4 to 6 employees. Check your specific state's law if your employer is too small for federal coverage, since state protections vary significantly and sometimes offer broader coverage than federal law.

Generally no, unless age is a "bona fide occupational qualification" (BFOQ) - an extremely narrow exception that requires the employer to prove age is genuinely necessary for the job's essential function, not just a convenient assumption. Courts have recognized BFOQ defenses in very limited situations like certain airline pilot age limits tied to safety regulations. An employer can't simply assume older workers are less capable of physical tasks - that's exactly the type of stereotype-based decision-making the ADEA prohibits. If a job genuinely has physical requirements, the employer must evaluate individual capability, not use age as a proxy for it.

The Supreme Court has held that being replaced by someone "substantially younger" supports an inference of age discrimination, even if the replacement is also over 40. There's no bright-line rule for what counts as "substantially younger," but courts have found age gaps as small as 5 to 10 years sufficient in some cases, especially combined with other evidence. Being replaced by someone only 1 to 2 years younger is a weaker fact pattern on its own but doesn't necessarily rule out a claim if other evidence of age bias exists.

Yes - legitimate reductions in force (RIFs) based on business needs, not age, are lawful even if they affect older workers. The question is whether age was actually a factor in who was selected. Red flags in a RIF include: older workers being disproportionately selected compared to their percentage of the workforce, selection criteria that correlate closely with age (like targeting the highest-paid employees, who often skew older), and inconsistent application of stated selection criteria. Request the age and role data the employer must disclose in group layoff waivers under the OWBPA - this data often reveals whether a pattern exists.

You generally must file an EEOC charge within 180 days of the discriminatory act, extended to 300 days if your state has its own age discrimination law and enforcement agency (most states do). This is a strict deadline - missing it typically bars the claim permanently, regardless of how strong the underlying evidence is. After filing with the EEOC, you'll eventually receive a "right to sue" letter, after which you generally have 90 days to file a lawsuit in federal court. Use the EEOC claim eligibility tool to calculate your specific deadline based on your state and the date of the discriminatory action.