Age discrimination is one of the most common, and most ignored, forms of workplace bias in America. The numbers tell a stark story. The EEOC received 16,223 age discrimination charges in 2024, nearly 2,000 more than the year before. And that number dramatically understates the problem: research shows that fewer than half of those who experience age discrimination ever report it, citing fear of retaliation and the belief that nothing will be done. The real figure could easily be two to three times higher.
Perhaps most damning is what employers admit openly. In one survey, 47% of hiring managers said they worry about older workers’ tech skills, and two in four confessed they would choose a 30-year-old over a 60-year-old even when the older worker was clearly more qualified. That is not a bias that hides in the shadows. It sits in the front offices of American businesses.
Here is what the research shows about how discrimination evolves as workers age.
At 40, the law kicks in, and so does the bias. The ADEA protects workers from age 40 forward, and that protection is needed almost immediately. Studies show that the median age at which workers first experience age discrimination is 45, and more than two-thirds of those who have experienced it say it started in their 40s. At this stage the discrimination is typically subtle: being passed over for training opportunities, assumptions that you are less adaptable, or quiet disadvantage in hiring. Forty percent of workers over 40 say they have experienced it.
At 50, you’ll probably stay employed but find yourself passed over for any future promotions and key opportunities. Roughly 64% of workers 50-plus report seeing or experiencing age discrimination, and 22% say they feel themselves increasingly on the outs. Promotions, big raises, and key assignments aren’t coming any more. A landmark study found that a stunning 56% of workers who entered their 50s noticed they weren’t being considered for further advancement. Many weren’t being invited to meetings about the future of the organization. And workers over 50 are unemployed three times longer than younger counterparts when they lose their jobs.
At 60, getting hired by a new employer is difficult. Even keeping the current job is a struggle. The largest field study of age discrimination in hiring involved over 40,000 applications. It found that applicants aged 60 and up were far less likely to eeven get interviews than younger applicants. Employers increasingly assume workers this age are near retirement, leading them to avoid further investment in those employees. The truth is, while 40% of workers plan to work until 70 or beyond, only 4% actually do. Employers know this, and so discrimination, layoffs, and the marginalization of workers this age is common.
At 70, many cannot get hired, regardless of their credentials. Those lucky to still be employed become the targets of scorn, jokes, or embarassing comments, behind their backs and even to their face (“Just curious. . .Why are you still working? Didn’t you plan for retirement? Do you know how to use the Internet? Can you use a computer?”). Workers in this age range who want or need to continue working face near-total exclusion from re-employment in many fields. Assumptions about mental decline and physical capacity are frequently voiced, and workplace policies (mandatory technology proficiency tests, “culture fit” screening) are used as pretexts for eliminating older workers entirely.
And it gets even worse for some demographic groups, as the burden falls unevenly across racial and ethnic lines. Black workers aged 50 and older report experiencing age discrimination at a rate of 71%, compared to 60% for Hispanic and Latino workers and 63% for Asian American and Pacific Islander workers. This is well above the general population average. For older workers of color, age bias layers on top of racial bias, compounding the harm.
Age discrimination is widespread, financially devastating, and backed by statistics that should alarm anyone planning to work past their mid-40s.
If you believe you have been a victim of workplace age discrimination, contact our office at 800-663-7999 for an in-depth confidential consultation.
Categories: Age Discrimination
Jim Garrity, Esq. - Employee Rights Lawyer 
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