The Age Discrimination in Employment Act and Virginia Human Rights Act forbid employers from discriminating on the basis of age against people age 40 or older.
These laws prohibit age discrimination in many aspects of employment. These include hiring, firing, layoffs, compensation, benefits, job assignments, promotions, training, and other conditions of employment.
Age-based harassment, such as a supervisor’s demeaning comments about one’s age, can also be illegal if the comments are so frequent or severe that they create an abusive work environment.
Age discrimination may occur as disparate impact discrimination. This can happen when an employer’s policies or procedures, even though they apply to all ages, have a disproportionately negative impact on applicants or employees over age 40.