Age Discrimination

Pushed toward retirement? Passed over for someone younger and greener? Age discrimination is illegal after 40 — and more common than most people realize. We can help.

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What is age discrimination?

Age discrimination targets workers 40 and older, treating them less favorably because of their age. It shows up as forced retirement, layoffs aimed at older staff, or being passed over for younger, less experienced people. The Age Discrimination in Employment Act (ADEA) and state law protect older workers from this treatment.

Age discrimination often hides behind words like “energy,” “culture fit,” and “fresh perspective.”

How age discrimination shows up at work

  • You’re passed over for promotion in favor of younger, less-experienced workers

  • You’re nudged toward early retirement you didn’t ask about

  • You hear you’re “overqualified” or not the right “culture fit”

  • You’re laid off while younger people in the same role stay

  • Your hours get cut or your duties quietly reassigned

  • The training and new projects go to everyone but you

Federal and state protections

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What the law says about age discrimination

Federal

The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from discrimination based on age. It applies to employers with 20 or more employees and covers hiring, promotions, layoffs, and pay.

Minnesota

The MHRA prohibits age discrimination and, unlike the ADEA, applies to smaller employers and does not use the same age-40 threshold in every context.

Learn more

Illinois

The IHRA prohibits age discrimination against workers 40 and older and applies to employers with one or more employees.

Learn more

Not sure which law applies to your situation? That’s what we figure out with you.

What an age discrimination case can recover, if your case is successful:

  • Back pay for wages you lost
  • Front pay for future wages
  • Reinstatement to your job (if that’s what you want)
  • Compensation for emotional distress
  • Punitive damages against the employer (in serious cases)
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

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*Prior results do not guarantee a similar outcome.

How we handle age discrimination cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team
Shawn Wanta, Founding Partner at Wanta Thome

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome, Founding Partner at Wanta Thome

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood, Attorney at Wanta Thome

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec, Attorney at Wanta Thome

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about age discrimination

  • Does age discrimination law protect workers under 40?

    Federal law (the ADEA) protects workers 40 and older. Some state laws offer broader protection. If you’re under 40 and were treated unfairly because of age, it’s worth asking whether state law applies to your situation.

  • Can my employer force me to retire?

    It can be. The law focuses on whether you were treated worse because of race, not on the race of the person doing it. Discrimination claims have succeeded even when the decision-maker shared the same racial background as the person harmed.

  • Is it age discrimination if a job posting asks for a “recent graduate”?

    It can be. Terms like “recent graduate,” “digital native,” or “high energy” can signal a preference for younger applicants and may serve as evidence of age discrimination, especially when paired with hiring patterns that exclude older workers.

  • Can my employer lay off older workers first?

    Not because of their age. If a layoff disproportionately targets older workers, or if age factored into who was let go, that may be unlawful — even when it’s framed as restructuring or cost-cutting.

  • Can my employer lay off older workers first?

    Not because of their age. If a layoff disproportionately targets older workers, or if age factored into who was let go, that may be unlawful — even when it’s framed as restructuring or cost-cutting.What counts as evidence of age discrimination?Comments about age or retirement, being replaced by someone much younger, patterns in who gets laid off or promoted, and shifting explanations for decisions all count. Age cases are often built on circumstantial evidence and patterns rather than direct statements.

See all discrimination FAQs

Ready to find out where you stand?

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Common questions

How much is an age discrimination case worth?

It depends on your losses and the employer’s conduct. Recovery can include back pay, future pay, liquidated damages for willful violations, and attorney’s fees. We’ll give you an honest assessment once we understand the facts.

How long do I have to file an age discrimination claim?

Federal deadlines can be as short as 180 or 300 days, with different state timelines. Because the clock starts early, reach out as soon as you can.

Do I need to file with the EEOC first?

For federal age claims, generally yes. State claims may differ. We handle the filing and make sure it’s timely.

Do I need a lawyer for an age discrimination claim?

You can file alone, but these cases involve deadlines, evidence, and employer defenses. A lawyer helps you avoid mistakes, with no upfront cost on contingency.

Can I still have a case if I’m still employed?

Yes. Being passed over, sidelined, or paid less because of your age while still working can all support a claim.