Age Discrimination: Free Legal Resource

If you either lost a job or were not hired for one that you were qualified to do, and you think your age was a factor, that could be age discrimination—and it’s against the law.

The Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years of age or older from employment discrimination based on age.

The Age Discrimination Act protects both employees and job applicants, and states:

• Age discrimination is against the law. It is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
• It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the Age Discrimination Act.
• The Age Discrimination Act applies to employers with 20 or more employees, including state, local, and federal governments.
• The Age Discrimination Act also applies to employment agencies, labor organizations, and many apprenticeship programs.
• The Age Discrimination Act generally makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements, except in the rare circumstances where age is shown to be a "bona fide occupational qualification" reasonably necessary to the normal operation of the business.

The Age Discrimination Act does not specifically prohibit an employer from asking an applicant's age or date of birth, but because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to practice age discrimination, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose.

How to File a Charge of Age Discrimination
Age discrimination charges must be filed with U.S.Equal Opportunity Employment Commission (EEOC). There are two ways to file an age discrimination charge:

1. File in person at your local EEOC office. Here’s a list of EEOC offices across the United States, including Alaska and Hawaii. You may be able to make an appointment, so call before you visit, and make sure you bring the required information with you to verify the age discrimination charge (see what you need to bring, below).
2. File by mail. Find an EEOC address and mail a letter that includes all the required information (see what's required, below).

What Information is Required to File an Age Discrimination Charge?
When filing an age discrimination charge with EEOC, individuals should be prepared to provide the following information:

1. The name, address, and telephone number of the person filing the charge.
2. The name, address, and telephone number of the company, employment agency, or union that the charge is filed against, and the number of employees (or union members), if known.
3. A short description of the event(s) with supporting documentation (if any) which caused the person filing the charge to believe that his or her rights were violated.
4. The date(s) the event(s) took place.
5. The names, addresses, and telephone numbers of any witnesses.
6. Whether the individual has filed the same or similar age discrimination charge with a state or local fair employment practice agency.
7. The name, address, and telephone number of a person who always knows where to contact the person wishing to file a charge.

If You a Victim of Age Discrimination, You’re Not Alone
In fiscal year (FY) 2004, the EEOC received 17,837 charges of age discrimination.

The EEOC resolved 15,792 age discrimination charges in FY 2004, and recovered $60.0 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

These statistics show that the EEOC is often successful in resolving age discrimination charges. If you have been a victim of age discrimination, or you know someone who has—and you are able to meet the criteria listed above—it’s worth the time it takes to file a charge.

And if you can stop one company from practicing age discrimination, you help others as well as yourself.

For more detailed information on age discrimination and other types of employment discrimination, visit the Equal Opportunity Employment Commission Web site.