Is are there age limits for filing an age discrimination lawsuit against an employer?

My boss is starting a new program at work to promote young managers. People under the age of 35 are eligible to apply or a special position that puts them on the fast track to management. I’m 39 and not a manager yet, and I want to sue my boss for age discrimination because I think I should get to be in the program too. Can I do that?

 

Answers (1)

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination in the terms and conditions of employment, on the basis of age. Restricting a job to employees under the age of 35, without a legitimate business reason for doing so, would be in violation of the ADEA. However, the ADEA covers workers ages 40 and over. So, although the actions of your boss may be illegal, you may not be able to sue your boss.  Your best course of action would be to discuss the program with older workers, who are over the age of 40, to determine if they are also being excluded from the program. You should also speak with a qualified employment law professional regarding the nature of the program and its possible discriminatory effects, in order to fully understand your options. 

You can also visit the EEOC website or further information about Age Discrimination in Employment:

 

Contact A Lawyer
Be the first to review.
Please Log in to answer questions.

Do you have a question?

Our Lawyers can help you.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Related Links

LA-WS4:0.7.14.100803.9563