Understanding Age Discrimination: Legal Protections and Why the Workplace Matters
Age Discrimination (Ageism) is stereotyping or discrimination against individuals based on their age, and often outdated clichés in advertising or offhand remarks from colleagues or family. While eradicating ageism completely across society may be unrealistic, the workplace is one arena where it is explicitly prohibited by law.
Why It Still Matters: Older Workers Are Staying Active
Contrary to the stereotype that older adults retire early and leave the workforce behind, many continue to contribute meaningfully. In 2024, the labor force participation rate was 65.9% for individuals aged 55–64 and about 38% for those 55 and older as of June 2025 (bls.gov, usafacts.org). Many older adults are also engaged in part-time work. In 2024, 38.3% of workers 65 and older worked part-time, compared with 14.2% of those aged 55–64. This reflects broader trends like “unretiring,” where older adults are returning to work for financial stability, purpose, or flexibility. In 2024, 37.3% of Americans aged 55 and older were employed, this is up from just 19% of those 65+ in 1983 (kiplinger.com).
Debunking Myths: Older Workers Are Adaptable
The belief that older workers can’t adapt to new technologies or offer fresh ideas is outdated. The reality is that many embrace change while learning rapidly. They contribute significantly through experience, mentoring, and resilient work habits.
The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) of 1967 protects employees and job applicants 40 years of age or older. This outlaws discrimination based on age in hiring, firing, promotions, compensation, assignment of work, and conditions of employment. Employers, including private businesses, governments, as well as unions, must comply with ADEA standards. Though implementation can vary by employer size and type. To read the law in full, visit the EEOC site.
Signs of Age Discrimination at Work
There are several ways age discrimination can show up in the workplace:
- Offensive remarks: Occasional jokes may not be illegal, but frequent or severe comments that create a hostile work environment are.
- Promotion bias: Being consistently passed over in favor of younger colleagues could indicate age bias.
- Unfair layoffs or hiring: If older employees are being laid off while younger ones are hired, this could signal discrimination. Employers may also reassign older workers to less desirable shifts or beneath-skill-level tasks as a push to resign.
Tip: Document incidents carefully while noting the date, context, and any witnesses.
How to File an Age Discrimination Complaint
If you’re 40 or older and suspect age discrimination, you have 180 calendar days to file a complaint with the EEOC. Or 300 days if state anti-discrimination laws apply and are enforced by a state agency. The count starts from the most recent discriminatory incident. So documenting, or logging each instance is crucial. A charge of discrimination is a signed statement asserting that an employer engaged in age discrimination and asks the EEOC to act. You can file a charge online through the EEOC portal. In person at an EEOC office, by phone at 1-800-669-4000. Through a state or local Fair Employment Practice Agency, or by mail (instructions available through the portal). A Certified Senior Care Advisor can also assist your with information and resources.