Age is discrimination in employment is adverse employment action or unfair treatment against someone who is age 40 or older. Age discrimination employment laws apply to protect those 40 and over from being treated differently or refused employment. Refusing to hire someone, terminating someone or giving different job duties may all count as age discrimination in employment. The Age Discrimination in Employment Act of 1967 and the Older Workers Benefit Protection Act are the laws that prohibit unfair treatment based on age.