ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

What to Do if You Are Discriminated Against

What can I do if I have been forced to retire, fired, or otherwise discriminated against because of my age?

You should file a charge of age discrimination in writing with the federal Equal Employment Opportunity Commission (EEOC). If your state has an age discrimination law and enforcement agency (not every state has one), you should consider filing the charge with both the EEOC and your state agency.

In most cases, filing a charge with either the EEOC or the state agency automatically is treated as filing with both. To be on the safe side, you should take the initiative and file with both.

If you file a charge, your name will be disclosed to the employer. If you wish to remain anonymous, you can file a complaint instead. A complaint may start an EEOC investigation; however, the government gives complaints lower priority than charges. In addition, even if EEOC intervention leads an employer to correct its discriminatory practices, your own past unfair treatment may not be remedied if you filed only a complaint.