KENTUCKY & OHIO · EMPLOYEE RIGHTS
Age discrimination
Passed over, pushed out, or pressured to retire because of your age? Thompson Legal helps workers in Kentucky and Ohio understand their options. We represent individuals. We never represent employers or government.
Start with what changed at work
After years of experience, it can be hard to understand why your work is suddenly being judged differently. Look at the decisions, comments, and timing—not just the reason your employer gave.
Passed over
Denied a job, training, or promotion while substantially younger workers receive opportunities.
Pushed aside
Duties removed, hours changed, or repeated comments suggesting that you are too old for the work.
Shown the door
Selected for a layoff, replaced by someone younger, or pressured to retire.
Your experience should count
The federal Age Discrimination in Employment Act protects employees and applicants age 40 and older. A younger replacement may also be over 40; the age difference and the surrounding facts still matter.
Not every unfair decision is age discrimination. The question is whether age caused unlawful treatment. You do not have to answer that question alone before asking for help.
CONNECTING YOUR EXPERIENCE TO THE LAW
Which protections may apply?
Federal and state laws protect older workers in covered workplaces. The employer, the type of claim, and the filing process can affect your options. Open the sections below for the details that fit your situation.
The ADEA · Federal protectionsWho is protected and which workplace decisions are covered.
The Age Discrimination in Employment Act
The ADEA, 29 U.S.C. §§ 621–634, protects people age 40 and older. It generally covers private employers with 20 or more employees. It also applies to state and local governments, employment agencies, labor organizations, and the federal government, with some different rules and remedies.
Independent contractors generally are not covered as employees. If your work status is disputed, the actual relationship matters.
Covered employers may not unlawfully use age to decide:
- Who is hired or fired
- Who receives a promotion or training
- Pay, assignments, or benefits
- Who is demoted or selected for a layoff
The law also prohibits unlawful age-based harassment and retaliation for protected activity. Being an at-will employee does not remove these protections.
Kentucky, Ohio, and filing a claimState protections and why the correct process matters.
Know which rules apply before filing
Kentucky and Ohio also protect workers age 40 and older from unlawful age discrimination. State coverage, procedures, and available remedies can differ from the ADEA.
For most private-sector ADEA claims, you must file an EEOC charge before bringing a lawsuit. The ADEA has its own rules about when a lawsuit may begin. Federal employees have different procedures. Ask promptly about the deadlines and process that apply to you.
See our Kentucky and Ohio employment discrimination overview and the EEOC’s filing guidance.
Retirement pressure and severanceUnderstand what an agreement asks you to give up before signing.
Take time to understand a severance offer
A severance agreement may ask you to release age discrimination claims. Special rules apply to a valid ADEA waiver for a worker age 40 or older.
For many standard severance waivers, the rules require at least 21 days to consider the agreement, or 45 days for certain group termination programs, plus seven days after signing to revoke it. Other requirements apply, and settlement situations can have different rules.
Ask for a review before signing. A voluntary retirement offer is not automatically discriminatory, but pressure, threats, and the way employees are selected may matter. Read the EEOC’s severance-waiver guidance.
How can you show age played a part?
Evidence may directly connect a decision to your age, or it may be a set of facts that helps explain what happened. A comment’s meaning depends on who said it and how it relates to the decision.
A direct statement
For example, a decision-maker says you were denied a promotion because you are too old. Keep the exact words, date, and names of anyone who heard them.
A pattern of facts
Changing explanations, strong past reviews, age-related comments, and better treatment of substantially younger coworkers may help tell the story.
What does “but-for cause” mean?
For a private-sector ADEA claim alleging intentional discrimination, you generally must show that the harmful decision would not have happened without your age. Showing that age was merely a motivating factor is not enough under Gross v. FBL Financial Services.
Courts may use the McDonnell Douglas framework to evaluate indirect evidence: the worker presents an initial case, the employer gives a lawful reason, and the worker can show why that reason hides age discrimination. Different standards apply to some claims, including federal-sector claims under Babb v. Wilkie.
IF YOU ARE WORRIED ABOUT SPEAKING UP
What if I’m afraid of retaliation?
That concern is understandable. Retaliation means punishment for protected activity, such as reporting discrimination you reasonably believe is unlawful or taking part in an investigation.
It may include firing, threats, or changes in pay or assignments serious enough to discourage someone from speaking up. A change after a complaint is not automatically retaliation; the reason and timing matter.
Keep a record of what you reported and any changes afterward. You can ask about reporting options and deadlines before deciding your next step. Read the EEOC’s reporting guidance.
What should you do now?
Start with a clear record of events. You do not need a complete file before contacting us.
Build a timeline
Write down comments, job changes, retirement discussions, and who made each decision.
Keep your records
Save reviews, messages, job postings, and severance papers you are allowed to have. Do not take confidential company records.
Ask about next steps
Bring questions about reporting, deadlines, and any agreement you have been asked to sign.
Before you contact us
With your situation in mind, here are answers to a few practical questions about getting started.
Do I need every document before contacting you?
No. A brief description of what happened is enough to start. Keep records you lawfully possess and bring your questions.
Should I wait until my employer finishes an internal review?
Ask about deadlines promptly. An internal grievance generally does not extend the deadline for filing an EEOC charge. See the EEOC’s filing deadline guidance.
Is the consultation free?
We offer both free and paid consultations, depending on your situation. We explain any consultation fee before you decide to schedule.
How much does it cost to hire you?
Most cases we accept are handled on a contingency fee. That means our attorney’s fee is a percentage of the money recovered through a settlement or court award. Some cases may require hourly fees, depending on the facts and the work involved.
Before you hire us, we explain the fee arrangement and how case expenses are handled. A consultation fee is separate from the fee for handling your case.
LET’S TALK ABOUT YOUR SITUATION
Wronged by your employer? Let’s talk.
Tell us about your age discrimination concern and how to reach you. We offer paid and unpaid consultations depending on the matter, and explain any fee before you schedule.
What happens after you contact us?
TWO OFFICES. SAME MISSION.
Here when you need a next step.