The ADEA applies to employers with 20 or more employees. It also applies to employment agencies, labor organizations and the federal government. According to the U.S. Supreme Court, however, the ADEA does not apply to state governments. The ADEA protects only employees or applicants who are aged 40 and older. But be sure to check state law.
Some states provide protections against age discrimination for all employees regardless of age.
Other states may have a lower age for protection. While you have to be aged 40 or older to file a claim under the ADEA, you may still have a discrimination claim if an employer replaced you or hired someone who was also older than 40. Work with an experienced lawyer in your state.