What can I do if I feel that I was discriminated at my last job due to my age?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if I feel that I was discriminated at my last job due to my age?

I was laid off at my job and it was given to a girl who was hired after me. My boss had made a comment about my age once. And this woman is much younger than me. I was quite capable of performing my duties as they laid me off and didnt fire me but never called me back

Asked on December 3, 2016 under Employment Labor Law, Rhode Island


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, be aware that only employees age 40 and over are protected from age discrimination. So if you are over 40 and were replaced by an under 40, you may have a claim; but if you are under 40, then being replaced by somone younger is not illegal (for example, if you are 38 and were replaced by a 23-year-old, that is legal). Also if you and your replacement are both over 40, even if she is younger than you (e.g. say you are 53, and she is 42) that is unlikely to be considered illegal discrimination, since you are both in the protected category. 
Assuming you are over 40 and she is under 40, and there was an age-based comment, then based on what you have written, you have made a "prima facie" (think: "on its face") case, since you could do the job, don't mention performance problems, and were replaced by a younger person. So it is worth it to contact the federal EEOC or your state's equal/civil rights agency to file a complaint. That said, it may be that the employer can refute the charge by proving a non-discriminatory reason (e.g. she has a degree, credential, training, or experience you lack), but it is definitely worth contacting the agency and discussing the matter, since if they can't prove some non-discriminatory reason, you may be entitled to compensation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption