Age Discrimination at Work

Age Discrimination at Work: Know Your Rights

If you believe you’ve been treated unfairly at work because of your age, federal law — and in many cases, additional state or local law — protects you. The right path forward depends on where you work and who you work for. For a general overview of how DC, Maryland, and federal employment law differ, see our Discrimination overview. This page covers what’s specifically distinctive about age discrimination claims.

What Is Age Discrimination?

Age discrimination happens when an employer treats you unfairly in hiring, firing, promotion, pay, or other terms of
employment because of your age — typically because you’re 40 or older. This can include:

Being passed over for a promotion in favor of a younger, less experienced employee
Being laid off or terminated shortly after a milestone birthday, or during a broader “downsizing” that
disproportionately affects older workers
Age-based comments, jokes, or a hostile work environment tied to your age
Being pressured into early retirement or a severance package without adequate time or information to
decide

The Age Discrimination in Employment Act (ADEA)

The ADEA is the core federal law protecting most workers 40 and older from age discrimination. It applies nationwide, regardless of which state you work in, and generally covers employers with 20 or more employees.

Hiring and firing
Pay and benefits
Promotions and job assignments
Harassment based on age
Retaliation against employees who report age discrimination

Which Laws Apply to You?

Age discrimination protections vary meaningfully by jurisdiction — DC and Maryland both extend broader
protection than the federal ADEA, in different ways.

I work for a private employer or local government in Washington, DC. DC law protects workers starting at age 18 — far younger than the ADEA’s 40+ threshold — and covers employers with as few as one employee. Learn about age discrimination protections in DC

I work for a private employer or local government in Maryland. Maryland law also protects workers starting at age 18, and covers employers with 15 or more employees. Learn about age discrimination protections in Maryland

I am a federal government employee. Federal employees follow an entirely different process — including strict short deadlines to contact an EEO Counselor — regardless of whether you work in DC, Maryland, or elsewhere.

Learn about age discrimination protections for Federal Employees

What Compensation or Remedies Are Available?

While the specific process differs by jurisdiction, workers who prove age discrimination may generally be entitled to:

Reinstatement or a comparable position
Back pay for lost wages
Front pay, in some cases
Compensation for emotional distress (availability varies by claim type and jurisdiction)
Attorney’s fees and costs

Talk to an age discrimination attorney

You don’t have to figure out which laws apply to you on your own. If you believe you’ve experienced age discrimination at work — in DC, Maryland, or as a federal employee — Wilkenfeld Law Office can help you understand your rights and options.

Or call 301.245.3035 · Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.

Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: November 1, 2026.