ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

If I am part of a company division or class of employees being laid off, does the Age Discrimination in Employment Act (ADEA) protect me?

Yes, if the employer considered age as a factor in the layoff. Employers may make layoff decisions based on reasonable factors other than age. However, sometimes those factors merely mask age discrimination. For example, if an employer lays off only higher-paid employees, it is possible that the employer is unlawfully discriminating against older employees. Higher pay is often synonymous with higher age.