Age Discrimination Lawsuit: Who the Federal Law Protects, What It Recovers and the Deadline

Who can bring an age discrimination lawsuit

The Act sets an age floor: “The prohibitions in this chapter shall be limited to individuals who are at least 40 years of age.” (29 U.S.C. § 631(a)) The EEOC puts it the same way: “The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.” (EEOC, Age Discrimination (read Oct. 6, 2026)) “It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.” (EEOC, Age Discrimination (read Oct. 6, 2026))

The age gap between workers is not the test. “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.” (EEOC, Age Discrimination (read Oct. 6, 2026)) And “Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.” (EEOC, Age Discrimination (read Oct. 6, 2026))

The employer must be one the Act covers. The term employer “means a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year:” (29 U.S.C. § 630(b)) It also includes “a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State, and any interstate agency, but such term does not include the United States, or a corporation wholly owned by the Government of the United States.” (29 U.S.C. § 630(b)(2))

One exception is narrow and named: “Nothing in this chapter shall be construed to prohibit compulsory retirement of any employee who has attained 65 years of age and who, for the 2-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position,” (29 U.S.C. § 631(c)(1)) if a retirement benefit of the size the statute sets is payable.

What the federal age law forbids

The EEOC describes the reach: “The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.” (EEOC, Age Discrimination (read Oct. 6, 2026))

Harassment counts. “It is unlawful to harass a person because of his or her age.” (EEOC, Age Discrimination (read Oct. 6, 2026)) The EEOC says “harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).” (EEOC, Age Discrimination (read Oct. 6, 2026))

A rule that looks neutral can still be unlawful: “An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).” (EEOC, Age Discrimination (read Oct. 6, 2026))

Retaliation is its own violation: “It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter.” (29 U.S.C. § 623(d))

The Act also names what is not unlawful, such as an action “where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age,” (29 U.S.C. § 623(f)(1)) and the right “to discharge or otherwise discipline an individual for good cause.” (29 U.S.C. § 623(f)(3)) Whether an employer's reason is one of these is the question a case turns on.

What an age discrimination lawsuit can recover

The EEOC states the aim: “Whenever discrimination is found, the goal of the law is to put the victim of discrimination in the same position (or nearly the same) that he or she would have been if the discrimination had never occurred.” (EEOC, Remedies For Employment Discrimination (read Oct. 6, 2026)) In practice, “the remedy may include placement in the job and/or back pay and benefits the person would have received.” (EEOC, Remedies For Employment Discrimination (read Oct. 6, 2026))

The Act gives the court broad power: “the court shall have jurisdiction to grant such legal or equitable relief as may be appropriate to effectuate the purposes of this chapter, including without limitation judgments compelling employment, reinstatement or promotion, or enforcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section.” (29 U.S.C. § 626(b))

The money is figured through the wage law. “Amounts owing to a person as a result of a violation of this chapter shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of sections 216 and 217 of this title:” (29 U.S.C. § 626(b)) The section it points to makes an employer liable this way: “Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages.” (29 U.S.C. § 216(b))

For age, that second amount has a condition: “That liquidated damages shall be payable only in cases of willful violations of this chapter.” (29 U.S.C. § 626(b)) The EEOC: “Liquidated damages may be awarded to punish an especially malicious or reckless act of discrimination.” (EEOC, Remedies For Employment Discrimination (read Oct. 6, 2026)) “The amount of liquidated damages that may be awarded is equal to the amount of back pay awarded the victim.” (EEOC, Remedies For Employment Discrimination (read Oct. 6, 2026))

And there is a limit: “In cases involving intentional age discrimination, or in cases involving intentional sex-based wage discrimination under the Equal Pay Act, victims cannot recover either compensatory or punitive damages, but may be entitled to” (EEOC, Remedies For Employment Discrimination (read Oct. 6, 2026)) liquidated damages. So the money the Act names is back pay and benefits and, for a willful violation, liquidated damages, with fees and costs.

On fees, § 216(b) says “The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action.” (29 U.S.C. § 216(b)) And on the trial, “a person shall be entitled to a trial by jury of any issue of fact in any such action for recovery of amounts owing as a result of a violation of this chapter, regardless of whether equitable relief is sought by any party in such action.” (29 U.S.C. § 626(c)(2))

An age discrimination back pay example

Say the job paid $6,000.00 a month in wages and benefits, and in the 10 months since you have earned $3,500.00 a month at other work. Pay and benefits at the job over those months come to $60,000.00; less the $35,000.00 you earned, back pay on these figures is $25,000.00.

If the violation was willful, liquidated damages equal to that are added, $25,000.00, for $50,000.00. If it was not, the figure stays at the back pay. Whether a violation was willful is for the court, and the tool shows both figures.

The deadline to file an age discrimination charge

A charge with the EEOC comes first, and the Act sets when. It must be filed “within 180 days after the alleged unlawful practice occurred;” (29 U.S.C. § 626(d)(1)(A)) or “in a case to which section 633(b) of this title applies, within 300 days after the alleged unlawful practice occurred, or within 30 days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier.” (29 U.S.C. § 626(d)(1)(B))

The EEOC explains when the longer period applies: “For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law.” (EEOC, Time Limits For Filing A Charge (read Oct. 6, 2026)) “The deadline is not extended if only a local law prohibits age discrimination.” (EEOC, Time Limits For Filing A Charge (read Oct. 6, 2026)) “Holidays and weekends are included in the calculation, although if the deadline falls on a weekend or holiday, you will have until the next business day.” (EEOC, Time Limits For Filing A Charge (read Oct. 6, 2026))

For pay, the Act says “an unlawful practice occurs, with respect to discrimination in compensation in violation of this chapter, when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to a discriminatory compensation decision or other practice, or when a person is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.” (29 U.S.C. § 626(d)(3))

Say you were let go on March 2, 2026. The charge is due by August 29, 2026 on the shorter period, or by December 27, 2026 where a state law and a state agency apply. Count from the shorter one unless you know the longer one applies.

From the charge to an age discrimination lawsuit

The Act sets a wait: “No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission.” (29 U.S.C. § 626(d)(1)) Here age differs from other charges, because no notice to sue is needed first. The EEOC: “If you plan to file an age discrimination lawsuit, you must have filed a charge but you don't need a Notice of Right to Sue to file a lawsuit in court.” (EEOC, Filing a Lawsuit (read Oct. 6, 2026)) “You can file a lawsuit in court any time after 60 days have passed from the day you filed your charge (but no later than 90 days after you receive notice that our investigation is concluded).” (EEOC, Filing a Lawsuit (read Oct. 6, 2026))

The end of the window is set this way: “If a charge filed with the Commission under this chapter is dismissed or the proceedings of the Commission are otherwise terminated by the Commission, the Commission shall notify the person aggrieved.” (29 U.S.C. § 626(e)) “A civil action may be brought under this section by a person defined in section 630(a) of this title against the respondent named in the charge within 90 days after the date of the receipt of such notice.” (29 U.S.C. § 626(e)) The tool counts the first day from the date you filed the charge.

Severance agreements and an age discrimination settlement

A severance agreement that asks you to give up age claims has to meet the Act's terms. “An individual may not waive any right or claim under this chapter unless the waiver is knowing and voluntary.” (29 U.S.C. § 626(f)(1)) At a minimum, “the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual, or by the average individual eligible to participate;” (29 U.S.C. § 626(f)(1)(A)) “the waiver specifically refers to rights or claims arising under this chapter;” (29 U.S.C. § 626(f)(1)(B)) “the individual does not waive rights or claims that may arise after the date the waiver is executed;” (29 U.S.C. § 626(f)(1)(C)) “the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual already is entitled;” (29 U.S.C. § 626(f)(1)(D)) and “the individual is advised in writing to consult with an attorney prior to executing the agreement;” (29 U.S.C. § 626(f)(1)(E))

The time to decide: “the individual is given a period of at least 21 days within which to consider the agreement;” (29 U.S.C. § 626(f)(1)(F)(i)) or, for a waiver requested in connection with an exit incentive or other “employment termination program offered to a group or class of employees, the individual is given a period of at least 45 days within which to consider the agreement;” (29 U.S.C. § 626(f)(1)(F)(ii)) And after signing, “the agreement provides that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired;” (29 U.S.C. § 626(f)(1)(G))

A waiver cannot take away a charge: “No waiver may be used to justify interfering with the protected right of an employee to file a charge or participate in an investigation or proceeding conducted by the Commission.” (29 U.S.C. § 626(f)(4))

An age discrimination settlement of a charge or a suit has its own rule. “A waiver in settlement of a charge filed with the Equal Employment Opportunity Commission, or an action filed in court by the individual or the individual's representative, alleging age discrimination of a kind prohibited under section 623 or 633a of this title may not be considered knowing and voluntary unless at a minimum” (29 U.S.C. § 626(f)(2)) the conditions quoted above from the written agreement through the advice to consult an attorney are met, and “the individual is given a reasonable period of time within which to consider the settlement agreement.” (29 U.S.C. § 626(f)(2)(B))

Finding an age discrimination lawyer

The EEOC can point you to a list: “Upon request, the EEOC offices can provide you a list of local attorneys who have indicated to EEOC they specialize in labor and employment law; the EEOC does not make specific recommendations.” (EEOC, Filing a Lawsuit (read Oct. 6, 2026))

This site is not a law firm, does not refer anyone to a lawyer, and cannot say what a court would award or an employer would offer. The questions that decide a case are a lawyer's: whether age was the reason, whether the employer's stated reason holds, whether the violation was willful, and which deadline applies.

Bring the dates of each decision, the notice or letter that told you, any severance agreement and when you were given it, your pay records and benefits statements, the names and ages of who replaced you or kept their jobs, and the date of any charge.

What this page does not cover

It reads no state law; whether a state's law gives you more is a question for a lawyer. It does not cover federal employees, who have a separate process, or the case law on willfulness, front pay and what is subtracted from back pay.

It applies the statute as the 2024 edition of the United States Code prints it and the EEOC's pages as they read on October 6, 2026.