ADEA

Age discrimination involves treating someone (an applicant or employee) less favorably 

because of his age. The Age Discrimination in Employment Act (ADEA) only forbids age 

discrimination against people who are age 40 or older. It does not protect workers under 

the age of 40, although some states do have laws that protect younger workers from age 

discrimination.

It is not illegal for an employer or other covered entity to favor an older worker over a 

younger one, even if both workers are age 40 or older. Discrimination can occur when the 

victim and the person who inflicted the discrimination are both over 40.

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