Age Discrimination in Hiring: Your Rights (US, UK)

An advert that asks for "recent graduates", a question about your age or retirement plans: age can shape a hiring decision without anyone saying so. Here is what the law says in the United States and in Great Britain, what proof to keep from your very first application, and how short the deadlines are.

Published November 7, 2026 · 4 min read

Two countries, two sets of rules

Age discrimination in hiring is treated differently in the United States and in Great Britain, so this article takes them one at a time. Neither replaces legal advice, and the details of your case matter: dates, the employer's size, where the job is based.

United States: the ADEA protects applicants aged 40 and over

The U.S. Equal Employment Opportunity Commission (EEOC) explains that the Age Discrimination in Employment Act (ADEA) forbids age discrimination against people aged 40 or older, and that the law prohibits discrimination in any aspect of employment, including hiring[1]. Two points follow:

  • The ADEA does not protect applicants under 40, although some state laws cover younger workers[1].
  • Favouring an older applicant over a younger one is not illegal under the ADEA if both are 40 or older[1].

The deadline is the part people miss. The EEOC says you have 180 days to file a charge, a period that may be extended by state laws, and that federal employees have 45 days to contact an EEO counsellor[1]. In practice, that means the clock starts early, so do not wait until you are sure.

Great Britain: age is a protected characteristic

In Great Britain, Acas explains that age is one of nine protected characteristics under the Equality Act 2010. Age discrimination includes direct and indirect discrimination, harassment and victimisation, the law protects job applicants, and it can affect people of any age[2]. Acas also notes that, in some circumstances, treating someone differently because of their age might not be against the law[2]. Age UK adds that an employer cannot put age limits in an advert, and lists wording that can suggest a preferred age group, such as "enthusiastic young people" or "recent graduates"[4].

On the application form, Age UK says an employer can ask for your date of birth, for example to check you are over 18, but it should be kept separate from the application and must not be a deciding factor in the hiring decision[4]. Health or disability questions generally should not appear in the application or at interview, with limited exceptions[4].

The time limit has changed

For a claim to an employment tribunal, Acas gives two rules depending on when the problem happened: generally 3 months minus 1 day if it happened before 1 October 2026, and 6 months minus 1 day if it happened on or after that date. For discrimination, the time limit starts from the most recent date of discrimination you include in your claim[3]. Acas also says you should notify it first: notifying Acas within the time limit pauses the clock until early conciliation ends, while a grievance, disciplinary or appeal procedure does not change your time limit[3].

Some pages still quote the old three-month period, so check the date of the act against the Acas page, or call the Acas helpline, if your case is close to the deadline.

What to keep from the first application

If you think age played a part, the strongest thing you can have is a clear record made at the time. For each application, keep:

  1. A dated copy of the advert (screenshot or PDF), because ads change or disappear.
  2. The exact CV and message you sent, with the date.
  3. Every reply, including the rejection, with the date you received it.
  4. Your interview notes: who interviewed you and the questions asked, written the same day.

Making your application easy to read

The law limits what an employer may do; it does not read your CV for you. Lead with recent, measurable results rather than a long list of past titles, and use the words of the advert where they honestly describe your experience. Our guide to writing a resume shows how.

Then track every application: date sent, the advert, the contact, the reply. It stops you losing a follow-up and, if there is a dispute, it gives you a clean timeline. Our guide to tracking applications explains how to set it up, and the one on following up helps you chase politely.

Frequently asked questions

Can a US employer refuse me because I am over 40?

No. The ADEA forbids age discrimination against people aged 40 or older, including in hiring, according to the EEOC.

Can a UK advert ask for "recent graduates"?

Age UK says employers cannot include age limits and lists "recent graduates" among wording that can suggest a preferred age group. Whether a specific advert is unlawful depends on the facts, so ask for advice.

Is there a time limit to complain?

Yes, and it is short. In the US, the EEOC says 180 days to file a charge, which state law may extend. In Great Britain, Acas says 6 months minus 1 day for problems on or after 1 October 2026 and generally 3 months minus 1 day before that, with Acas notified first.

Do I need proof?

Proof is not a formality. Keep the advert, your application, the reply and your interview notes, each with its date.

Sources

  1. a b c d EEOC, "Age Discrimination" eeoc.gov
  2. a b Acas, "Age discrimination" acas.org.uk
  3. a b Acas, "Employment tribunal time limits" acas.org.uk
  4. a b c Age UK, "Ageism in recruitment" ageuk.org.uk
Tracking and follow-ups · 5 min read

How to track job applications: a step-by-step method

Past a dozen applications, memory stops being enough: who should you follow up with, which version of your resume did you send, where is the job posting before the interview? A simple tracker, updated once a week, answers all of that and saves you time.

Read the guide Tracking and follow-ups · 6 min read

How to follow up on a job application: timing, tone and email templates

Silence after an application rarely means a firm no: the recruiter may be swamped, away, or still screening. A short, well-timed follow-up puts you back on their radar without being pushy.

Read the guide Your CV · 7 min read

How to write a CV (or resume): a step-by-step guide

A good CV doesn’t take writing talent or fancy software: it takes order. Gather your information, fill in the sections in the right order, describe what you achieved rather than what you were supposed to do, then tailor it to the job you want.

Read the guide Tracking and follow-ups · 7 min read

The stages of the hiring process: what to do at each one

Between sending your application and getting a final answer, a hiring process goes through several stages, and companies rarely spell them all out. Knowing what the recruiter checks at each stage helps you prepare, read their silences and keep track of where every application stands.

Read the guide

Let Trakrio apply this advice for you

A CV tailored to each job, forms filled in, applications tracked: free, and nothing made up.

Install Trakrio

Free forever, no credit card

Trakrio is an extension for your computer’s browser (Chrome, Firefox, Edge or Brave): it finds job offers across several job sites and prepares your applications.

Open Trakrio

Trakrio is installed in this browser

Trakrio needs an update Update Trakrio

All features