ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

What to Do if You Are Discriminated Against

What should I consider in deciding whether to file a private lawsuit under the Age Discrimination in Employment Act (ADEA)?

If you have suffered significant loss as a result of age discrimination and you are willing to invest substantial time and money, filing a private lawsuit may be worthwhile. The costs of such a lawsuit should be weighed realistically ahead of time. ADEA cases can involve a great deal of legal analysis, discovery, and effort. Generally, lawyers do not take ADEA cases on a contingency basis (that is, payment when and if the case is decided favorably). However, if your lawsuit is successful, the ADEA permits you to seek lawyer's fees from the discriminating party.