Age Discrimination at Work: Who is Covered?

Age should not determine whether someone gets hired, promoted, paid fairly, or treated with respect at work. Yet age discrimination remains a common workplace issue, affecting both older and younger workers. Two key laws address age discrimination for Michigan employees: the federal Age Discrimination in Employment Act (ADEA) and Michigan’s Elliott-Larsen Civil Rights Act (ELCRA).

Understanding how these laws work—and who they protect—is essential if you believe you have been treated unfairly because of your age.

The Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act of 1967 is a federal law that protects workers from age-based discrimination.

The ADEA only protects individuals who are age 40 or older. Workers under 40 are not covered by this federal law.

The ADEA makes it unlawful for covered employers to discriminate against workers age 40 and over in hiring and firing, promotions and demotions, pay and benefits, job assignments and training, layoffs and reductions in force, and harassment  or creating a hostile work environment based on age. The law also prohibits retaliation against employees who complain about age discrimination or participate in a federal investigation.

The ADEA applies to private employers with 20 or more employees, state and local governments, employment agencies, and labor organizations. If your place of work has fewer than 20 employees, you may not be covered - but Michigan law might apply instead. Read on to learn more.

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA)

Michigan provides broader protection through the Elliott-Larsen Civil Rights Act, one of the state’s primary civil rights laws.

Unlike the ADEA, Michigan law protects workers of all ages. That means both older workers and younger workers (including those under 40) can bring age discrimination claims under Michigan state law,

This is an important distinction. If a younger employee is treated unfairly because they are considered “too young,” “inexperienced,” or “not mature enough,” Michigan law may still provide protection—even though federal law does not.

Like the ADEA, the ELCRA prohibits age discrimination in employment decisions such as hiring and termination, compensation and benefits, promotions and job assignments, harassment and hostile work environments, and retaliation for asserting rights. 

The law applies to most employers in Michigan, including those with fewer than 20 employees.

Are there any exceptions?

Both laws allow limited exceptions when age is a bona fide occupational qualification (BFOQ) — meaning age is reasonably necessary to the normal operation of a business. These exceptions are narrow and closely scrutinized.

What happens if you’re discriminated against at work because of your age?

Depending on the law and the facts of the case, remedies may include lost wages and benefits, front pay or reinstatement, emotional distress damages (available under Michigan law), and attorney’s fees and costs.

Because remedies and deadlines differ between federal and state claims, it is important to act quickly.

When to speak with an employment attorney

If you believe you were treated unfairly at work because of your age — whether you are younger or older — don’t hesitate to speak with an experienced employment law attorney. An attorney can evaluate whether your rights were violated under federal law, Michigan law, or both, and help you understand your options.

If you have questions about age discrimination or other workplace rights, AMG Legal is here to help. Fill out our intake form to schedule your consultation today.

This blog is for informational purposes only and does not constitute legal advice.