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The Global Insight

What is the age limit for age discrimination?

Author

John Johnson

Updated on April 04, 2026

age 40 or older
Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.

Can you sue someone for age discrimination?

Can I sue my employer for age discrimination in California? Employees who are discriminated against because they are 40-years-old or older can bring an employment action against their employers for age discrimination. However, if you receive a Right-to-Sue notice, your complaint will not be investigated by DFEH.

What qualifies as age discrimination?

Age discrimination occurs when a person is treated less favourably, or not given the same opportunities as others in a similar situation, because he or she is considered to be too old or too young. The Age Discrimination Act 2004 (ADA) prohibits discrimination in employment on the basis of age.

Is age protected under EEOC?

The laws enforced by EEOC prohibit an employer from treating applicants and employees who are forty or older differently, or less favorably, because of age. Employees under age forty are not protected from age discrimination by the laws enforced by EEOC, although some state and local laws protect younger workers.

What can you do about age discrimination?

The EEOC website offers more information on age discrimination. Get in touch with an employment lawyer in your state to talk about the merits of your claim and what you need to do under state law. You can find employment lawyers through the National Employment Lawyers Association:

What can I do about age discrimination?

Call the EEOC at 800-669-4000 or visitthe EEOC website for details on how to file a charge. If at all possible, file a charge within 180 days of the discriminatory action or when you first became aware of the discriminatory action, whichever occurred first.

What evidence do you need to prove age discrimination?

Proving Age Discrimination If you believe your employer discriminated against you because you are 40 years or older, you have to prove your employer violated the ADEA and the FEHA. Physical evidence combine with witness accounts represent the most effective way to prove age discrimination.

What is the burden of proof in a disparate treatment discrimination case?

To prove a disparate treatment claim, an employee must first present enough evidence to allow the judge or jury to infer that discrimination took place. If the employee can present a prima facie case, then the employer must state a legitimate, nondiscriminatory reason for the decision.

Who is the best attorney for age discrimination?

Our experienced age discrimination lawyers represent victims of age discrimination in actions brought under the Age Discrimination in Employment Act (ADEA) and state anti-discrimination laws. Recently firm Principal Eric Bachman, in conjunction with co-counsel, secured a $1.3 million jury verdict in an age discrimination case.

Are there laws against age discrimination in employment?

The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.

What to do if you have an age discrimination case?

You should consult with a lawyer, who can carefully assess the merits of your case. A lawyer can explain the pros and cons of filing an age discrimination lawsuit, evaluate your potential damages, and lay out other options for resolving your claim, such as engaging in settlement negotiations with your employer.

Is there an age discrimination law in California?

The Age Discrimination in Employment Act of 1967 (ADEA) and the California Fair Employment and Housing Act (FEHA) provide workers with important protections against job-related age discrimination. Nonetheless, age discrimination in the workplace remains a serious problem in California.