Federal law. The Age Discrimination in Employment Act (ADEA) protects workers who are 40 or older and applies to employers with at least 20 employees. It prohibits age-based decisions in hiring, firing, pay, and other terms of employment. You do not have to be replaced by someone under 40 to have a claim — what matters is whether your replacement was substantially younger. But the ADEA is a one-way street: it protects older workers from being disfavored compared to younger ones, not the reverse. To win, an employee must prove that age was the deciding factor — the "but-for" cause — of the employer's decision. Age discrimination claims can also be based on neutral policies that fall harder on older workers, though the employer can defend such a policy by showing it was based on reasonable factors other than age.
Remedies under the ADEA include back pay and attorney's fees. If the violation was "willful" — meaning the employer knew or recklessly disregarded that its conduct was illegal — the employee can recover double damages.
Minnesota law. The Minnesota Human Rights Act protects against age discrimination for anyone over the age of majority — there is no requirement that you be 40 or older. In fact, Minnesota courts have held that the MHRA can protect younger workers from policies favoring older ones, unlike federal law. The MHRA also specifically prohibits interfering with an employee's pension rights. A separate Minnesota statute allows mandatory retirement only in narrow circumstances — generally at age 70, pursuant to a published company policy, with a limited exception for certain high-level executives with substantial retirement benefits.
These summaries explain federal and Minnesota employment laws in everyday language, drawing on current legal reference materials. They are general information only, not legal advice. Laws change, deadlines are strict, and small facts can make a big difference. If you believe your rights have been violated, begin a free case evaluation to discuss the facts of your situation.