For a typical private-sector federal age-discrimination claim, begin with a timely EEOC charge rather than filing immediately in court. The Age Discrimination in Employment Act generally protects people aged40 or older and covers employers meeting its20-employee threshold. State laws and federal-employment procedures can differ. [1]
Identify the adverse decision and evidence
Describe the hiring, firing, promotion, pay, or other employment action and why age allegedly caused it. Useful evidence can include statements, selection criteria, performance records, comparators, replacement information, and inconsistent explanations. Being over40 and suffering an unfavorable decision do not alone prove discrimination.
For example, a documented change in selection criteria alongside age-related remarks may warrant closer review than an unsupported assumption that every younger successful applicant proves bias. Preserve the facts and distinguish direct observations from speculation.
File the charge on time
The usual federal charge deadline is180 days. For age claims, it generally extends to300 days when a state age-discrimination law and enforcing state authority meet the applicable conditions. An internal grievance or negotiation does not ordinarily extend the EEOC deadline. Federal workers generally must use a separate EEO process, commonly beginning with counselor contact within45 days. [2]
An online inquiry is not necessarily the completed signed charge. Follow the EEOC’s filing process and retain confirmation of what was filed.
The ADEA has a distinct lawsuit rule
The EEOC explains that an ADEA plaintiff need not obtain a right-to-sue notice before filing. After a charge, suit can generally be filed once sixty days have passed, but no later than ninety days after receipt of notice that the investigation concluded. This differs from treating every employment claim as requiring the same notice procedure. [3]
Before filing in court
- Confirm timely administrative filing and the correct defendants.
- Review the evidence supporting the legal theory.
- Identify wage loss and other available remedies.
- Evaluate arbitration or release provisions.
- Check jurisdiction, venue, service, and filing deadlines.
Age-discrimination damages also differ from Title VII compensatory and punitive remedies; do not assume every employment damages chart applies.
Related articles explain rebutting an employer's EEOC position statement and EEOC defense costs. Agency review does not guarantee that the EEOC will litigate the case or that a private lawsuit will succeed.
Primary sources
Sources checked: October 31, 2026.