In employment, age discrimination is frequently illegal.
The Federal Age Discrimination in Employment Act ("ADEA") prohibits arbitrary discrimination against persons age 40 and over on the basis of their age. It is not, however, unlawful to discriminate on the basis of factors that can arise with age, such as health problems.
Although Federal law does not prohibit discrimination against those younger than 40, and only applies to public sector employers, and private sector employers with more than 20 employees. Many states’ laws protect persons under 40 years of age, or who work for smaller employers.
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