Age Discrimination in DC
Age Discrimination in DC: Your Rights Under DC and Federal Law
If you work in Washington, DC, you’re protected from age discrimination by two overlapping laws: the federal Age Discrimination in Employment Act (ADEA) and the DC Human Rights Act (DCHRA) — and DC’s law is significantly broader than federal law in ways that matter to your case. For the general framework covering age discrimination in every jurisdiction, see our Age Discrimination page.
DC Law Protects More Workers Than Federal Law Does
Under the federal ADEA, protection generally starts at age 40, and only applies to employers with 20 or more employees.
The DCHRA is broader on both counts:
- Age coverage: The DCHRA protects workers 18 and older — not just those 40+. This means younger
workers who face age-based discrimination (for example, being denied a role because they’re seen as “too
young” or “too inexperienced”) may also have a claim under DC law, even without federal protection. - Employer size: The DCHRA applies to DC employers with as few as one employee, including
independent contractors and unpaid interns. If you work for a small DC employer that wouldn’t be covered
under the ADEA’s 20-employee threshold, DC law may still protect you.
How Long Do You Have to File a Claim in DC?
- Administrative complaint with the DC Office of Human Rights (OHR): must be filed within one year of the discriminatory act or its discovery.
- Filing directly in court: as of the Fairness in Human Rights Administration Amendment Act of 2024, complainants now have two years (increased from one year) to file a DCHRA claim in court.
- Unlike federal claims, DC law does not require you to file with OHR first before going to court — you can generally choose either path.
What If My Employer Is Also Covered by Federal Law?
If your employer has 20 or more employees, you may be able to pursue a claim under both the ADEA and the DCHRA at the same time. This can matter because:
- The DCHRA may offer broader remedies in some cases
- Federal ADEA claims require filing an EEOC charge within a shorter window (generally 180–300 days) before you can sue
- DC claims filed with OHR are typically cross-filed with the EEOC automatically, preserving both options
An attorney can help you determine which path — or combination of paths — gives you the strongest case.
What Compensation Can You Recover?
Workers who successfully bring an age discrimination claim in DC may be entitled to:
- Back pay and front pay
- Reinstatement or a comparable position
- Compensatory damages, including for emotional distress
- Punitive damages, where the employer acted with actual malice or ill intent
- Attorney’s fees and costs
One more DC-specific advantage: the federal ADEA generally does not provide compensatory or punitive damages at all — it’s limited mainly to back pay and, for willful violations, liquidated damages equal to double the back pay award. The DCHRA is far more generous: it allows both compensatory and punitive damages, with no cap on the amount the court can award. For age discrimination claims specifically, this makes the DCHRA a meaningfully stronger option than the ADEA, not just a broader one.
Talk to a DC Age Discrimination Attorney
Or call 301.245.3035 · Intake@WilkenfeldLO.com