ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

Are there any circumstances in which age discrimination by an employer is allowed?

Yes. If the employer can prove that age is a bona fide occupational qualification (BFOQ), discrimination is allowed. One obvious example of age as a BFOQ is a part in a movie requiring a child actor. The possibility of age as a BFOQ most commonly arises in jobs directly involving public safety or public transportation personnel. However, the BFOQ exception is limited and difficult to prove, and the burden of proof is on the employer. The employer must show