Last Updated on June 25, 2025

With an increasingly multigenerational workforce and longer career lifespans, age discrimination is a topic that employers must be aware of and understand. Employers must go beyond just awareness- they must implement sound legal and HR strategies to avoid costly claims and foster an equitable environment.

Here’s what HR leaders, business owners, and employers need to know.

What Is Age Discrimination?

Age discrimination refers to treating an employee or job applicant unfavorably because of their age. While it can affect any age group, U.S. employment law primarily focuses on protecting individuals 40 years of age and older.

Age bias may appear in hiring, promotions, compensation, training opportunities, layoffs, or everyday workplace interactions.

Federal Law: The Age Discrimination Employment Act

The Age Discrimination in Employment Act (ADEA) of 1967 is the primary federal law addressing age-based bias. It:

• Protects individuals aged 40+ from discrimination in employment decisions.
• Applies to private employers with 20+ employees, as well as state and local governments.
• Prohibits retaliation against individuals who file a complaint or participate in an investigation.
• Covers all employment practices such as: hiring, firing, promotions, job assignments, training and benefits.

Importantly, even facially neutral policies (like laying off high-salary employees) may violate the ADEA if they disproportionately affect older workers without legitimate justification.

Federal vs State Laws

While the ADEA provides nationwide protection for workers aged 40 and older, many states have enacted their own laws that expand upon these protections. In some states, age discrimination laws apply to younger workers, cover smaller employers, or provide greater damages than the federal standard. In cases where state and federal laws overlap, the law that offers the stronger protection to the employee will generally apply. This means employers must comply with both sets of laws and ensure their policies are aligned with the most protective standard in any state where they operate.

For a detailed breakdown of each state’s age discrimination laws, including age requirements and notable provisions, visit here.

State Guide to Age Discrimination Laws: Employer Thresholds*

• Alabama:  Employers with 20 or more employees, Ages 40+
• Alaska: Employers of all sizes, Any Age
• Arizona: Employers with at least 15 employees, Ages 40+
• Arkansas: Public employees ages 40+
• California: Employers with at least 5 employees, Ages 40+
• Colorado: Almost all employers, Ages 40+
• Connecticut: Employers with at least three employees, Ages 40+
• Delaware: Employers with four or more employees, Ages 40+
• Florida: Employers with 15 or more employees, Ages 40+
• Georgia: Criminal law that does not provide a private cause of action, Ages 40-70
• Hawaii: Employers of all sizes, Ages 40+
• Idaho: Employers with five or more employees, Ages 40+
• Illinois: Employers of all sizes, Ages 40+
• Indiana: Employers with six or more employees, Ages 40-75
• Iowa: Employers with four or more employees, Ages 18+
• Kansas: Employers with four or more employees, Ages 40+
• Kentucky: Employers with eight or more employees, Ages 40+
• Louisiana: Employers with 20 or more employees, Ages 40+
• Maine: Employers of all sizes, Ages 40+
• Maryland: Employers with 15 or more employees, Ages 40+
• Massachusetts: Employers with six or more employees, Ages 40+
• Michigan: Employers of all sizes, Any age
• Minnesota: Employers of all sizes, Ages 18+
• Mississippi: Only for public employers, Ages 40+
• Missouri: Employers with six or more employees, Ages 40-70
• Montana: Employers of all sizes, All ages
• Nebraska: Employers with 15 or more employees, Ages 40+
• Nevada: Employers with 15 or more employees, Ages 40+
• New Hampshire: Employers with six or more employees, Any age
• New Jersey: Employers of all sizes, Ages 18+
• New Mexico: Employers with four or more employees, Ages 40+
• New York: Employers of all sizes, Ages 18+
• North Carolina: Employers with 15 or more employees. No statutory cause of action; employees in private sector cannot file with a state agency. However, may support a common-law claim. Ages 40+
• North Dakota: Employers of all sizes, Ages 40+
• Ohio: Employers with four or more employees, Ages 40+
• Oklahoma: Employers of all sizes, Ages 40+
• Oregon: Employers of all sizes, Ages 18+
• Pennsylvania: Employers with four or more employees, Ages 40+
• Rhode Island: Employers with four or more employees, Ages 40+
• South Carolina: Employers with 15 or more employees, Ages 40+
• South Dakota: Employers with 20 or more employees. Does not cover age
• Tennessee: Employers with eight or more employees, Ages 40+
• Texas: Employers with 15 or more employees, Ages 40+
• Utah: Employers with 15 or more employees, Ages 40+
• Vermont: Employers of all sizes, Ages 18+
• Virginia: Employers with 15 or more employees, Ages 40+
• Washington: Employers with eight or more employees, Ages 40+
• West Virginia: Employers with at least 12 employees, Ages 40+
• Wisconsin: Employers of all sizes, Ages 40+
• Wyoming: Employers with two or more employees, Ages 40+

*Be sure to double-check this chart against your state’s laws.

Common Risk Areas for Employers

Age discrimination is not always blatant. It often shows up subtly in day-to-day processes. Here are high-risk areas where bias often creeps in:

1. Hiring Practices
   • Job ads using coded language like “recent grad,” “high energy,” or “digital native” can deter older applicants.
   • Screening applicants based on graduation date or perceived tech skills without clear relevance.
2. Layoffs and Reductions in Force (RIFs)
   • Targeting high earners or long-tenured employees may unintentionally affect older workers.
   • Employers must assess whether layoff criteria create a disparate impact.
3. Performance Management
   • Biased assumptions that older workers resist change or lack tech adaptability can affect reviews and promotions.
4. Promotions and Succession Planning
   • Choosing younger candidates based on perceived “growth potential” without objective criteria can lead to bias.
5. Company Culture
   • Excluding older employees from team-building activities or tech training creates division and risk.

What to Do if a Complaint Is Filed

If an age discrimination claim is made:

• Avoid retaliation tactics. This can include demotions, exclusion, or changes in job duties.
  • One of the most common mistakes employers make after a complaint is filed is engaging in retaliatory behavior—whether intentional or not. Retaliation is independently unlawful, even if the original complaint is found to lack merit.
• Engage legal counsel immediately to investigate the facts and protect the company.
  • Do not attempt to handle the complaint alone. Early legal involvement can prevent common missteps and demonstrate good faith if the matter escalates.
• Preserve all records, including but not limited to job postings, interview notes, emails and performance reviews.
  • This is not only best practice, but also a legal requirement under many laws. Failing to preserve evidence can lead to adverse inferences in court.
• Conduct an internal investigation that includes interviewing relevant parties, reviewing applicant documentation and communication, and determining if the complaint has merit and what the remedial action is necessary.
  • If age bias is substantiated, appropriate corrective action should be taken, which may include training, discipline, or changes in policy.
• Prepare for agency interaction.
  • Complaints may be filed with the EEOC under federal law or with a state human rights agency, depending on the jurisdiction. Employers typically have 30 days to respond to an EEOC charge via a Position Statement, which outlines the company’s side of the story.
• Use the situation as a training moment, considering offering refresher training on age discrimination and unconscious bias updating job descriptions or interview procedures and conducting a broader audit of employment practices.
  • Even if the claim is ultimately dismissed, it’s an opportunity to identify gaps in HR practices or training.

Claims may be filed with the Equal Employment Opportunity Commission (EEOC) or a state human rights agency, depending on the jurisdiction.

Building a Bias-Free Workplace with MyHRConcierge

Age bias- whether intentional or unconscious- poses legal, financial and reputational risks for employers. By understanding the overlap between state and federal laws and applying proactive HR strategies, companies can protect their people and their brand. An age-inclusive workplace is a stronger, more innovative workplace. Compliance isn’t just about checking a box… it’s about treating every employee fairly, regardless of the number on their birth certificate.

At MyHRConcierge, our team of SHRM-certified professionals helps employers stay on top of ever-evolving labor laws. Contact us today to review your policies and train your team. For more information on how MyHRConcierge can help ensure your team remains compliant, contact us at 855-538-6947 ext.108, ccooley@myhrconcierge.com or schedule a convenient consultation below: