Age Discrimination Laws in Missouri: Your Workplace Rights

The Age Discrimination in Employment Act (ADEA), 42 U.S.C. § 621 et seq., is the primary federal law protecting workers from age discrimination. The ADEA applies to employers with 20 or more employees, employment agencies, labor organizations, and federal government employers. The law prohibits discrimination based on age for employees 40 years and older in all aspects of employment, including hiring, firing, compensation, promotions, discipline, and work assignments.

The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC). Protected conduct includes refusing to hire someone because of age, terminating an older worker while retaining younger workers with similar performance, paying older employees less than younger employees, denying promotions based on age, and harassing workers because of their age. The ADEA does not prohibit discrimination against workers under 40, even if they are treated worse than older workers.

Under the ADEA, employees may recover back pay, front pay (future lost wages), compensatory damages for emotional distress and harm to reputation, and liquidated damages (an additional amount equal to unpaid wages). The ADEA also allows recovery of attorney's fees and costs. In cases involving willful violation, the EEOC or court may award liquidated damages. Employees must first file an administrative charge with the EEOC before filing a lawsuit.

Missouri enforces age discrimination protections through the Missouri Commission on Human Rights (MCHR) under Mo. Rev. Stat. § 213.055, which mirrors the federal ADEA but with some important differences. Missouri's law applies to employers with 6 or more employees (lower than the federal 20-employee threshold), meaning smaller Missouri employers are covered by state law even if they fall below ADEA coverage.

Missouri's age discrimination law covers the same protected class as the federal ADEA—employees 40 years and older—and prohibits discrimination in hiring, firing, compensation, job placement, and other employment decisions. The substantive protection is substantially similar to the federal law; however, the lower employee threshold means workers at smaller Missouri businesses have additional state-law protections not available federally.

Missouri is a deferral state, meaning the MCHR has the first opportunity to investigate age discrimination complaints before the EEOC can act. When an individual files a charge, it is typically filed with both agencies simultaneously, but the MCHR investigates first. If the MCHR finds probable cause of discrimination, it may seek conciliation or file a civil action on behalf of the complainant. If the MCHR closes its investigation without finding probable cause, the charge is automatically transferred to the EEOC for federal investigation.

Remedies under Missouri law are similar to federal remedies and include back pay, front pay, compensatory damages, attorney's fees, and costs. Missouri courts have recognized punitive damages in some cases of intentional discrimination. The state law does not cap damages, whereas some federal damages may be limited depending on employer size. Additionally, Missouri recognizes implied covenant of good faith and fair dealing claims that may provide additional relief beyond strict age discrimination claims.

Missouri and federal law contain important exceptions and defenses to age discrimination claims. The ADEA and Missouri law permit age-based decisions when age is a bona fide occupational qualification (BFOQ) necessary to the normal operation of the business—a narrow exception rarely applied outside safety-sensitive positions like airline pilots or bus drivers. Employers may also defend based on reasonable factors other than age (RFOA), meaning the employer made the decision based on legitimate, non-age-related criteria such as performance, qualifications, or cost reduction affecting all age groups equally.

Employers may legally terminate or demote an employee for poor performance, misconduct, or legitimate business reasons unrelated to age, even if the affected employee is 40 or older. Seniority systems that are applied fairly and neutrally are generally legal, though they cannot be used as a pretext for age discrimination. For example, if an employer eliminates positions held primarily by older workers while keeping positions held by younger workers, the seniority system defense may fail if age was a motivating factor.

Reduction in force (RIF) decisions are lawful if based on objective criteria applied uniformly, but courts scrutinize whether older workers were disproportionately targeted. Missouri courts have held that at-will employment does not shield discriminatory decisions from liability—being at-will means the employer can terminate for any non-discriminatory reason, but not for a discriminatory one. Additionally, the ADEA does not require an employer to hire or promote less-qualified older workers over more-qualified younger workers. Finally, the employer's good faith belief that an employee could not perform the job is not a defense if age discrimination was a motivating factor in the decision.

Step 1 — Document the discrimination: Keep detailed records of dates, times, locations, and names of witnesses for each incident of age-based treatment. Save emails, performance reviews, meeting notes, and any communications showing age-related comments (such as remarks about being "overqualified," "set in your ways," or "energetic youngsters"). Document your job performance, including metrics, projects completed, positive feedback, and awards. Note any younger employees hired, promoted, or treated more favorably for similar roles or performance levels. Take screenshots or copies of job postings if you applied and were rejected. This documentation is critical because the burden of proof shifts to the employer once you establish a prima facie case.

Step 2 — Attempt internal complaint: Review your employee handbook for the internal complaint or grievance procedure. File a formal written complaint with your HR department or management, clearly describing the age discrimination, including specific dates and the business impact. Request a written acknowledgment of your complaint. Use the company's formal process because it shows good faith and may toll certain deadlines. Keep copies of all internal complaints and responses. If your company has an anti-retaliation policy, reference it and request protection. Internal complaints do not waive your right to file with external agencies and do not extend the filing deadline, so proceed to Step 3 simultaneously if the employer delays or ignores your complaint.

Step 3 — File with the EEOC and MCHR: In Missouri, file an age discrimination charge with the Missouri Commission on Human Rights (MCHR) at: https://labor.mo.gov/DER/Complaints/file-charge, or by mail to Missouri Commission on Human Rights, 3315 W. Truman Blvd, Jefferson City, MO 65102. You may also file directly with the EEOC at https://www.eeoc.gov/filing-charge-discrimination or call 1-800-669-4000. You have 300 days from the discriminatory act to file in Missouri. The charge must include your name, address, phone number, employer's name and address, a description of the discrimination (including dates and how your age was a factor), and the outcome (e.g., you were fired, not hired, passed over for promotion). You do not need an attorney to file, though consulting one beforehand is advisable.

Step 4 — Investigation process: After filing, the MCHR will send the employer a notice of the charge. The MCHR typically investigates within 30 to 90 days by requesting documents from the employer and conducting interviews. You may receive questions from the investigator about your job duties, performance, witnesses, and the discriminatory acts. Respond promptly and thoroughly. The MCHR will request the employer's hiring records, performance reviews, compensation data, promotion history, and any reduction-in-force documentation to determine whether you were treated differently based on age. If the MCHR finds "probable cause" that discrimination occurred, it will notify both you and the employer and attempt conciliation (settlement negotiations). If conciliation fails, the MCHR may file a civil action in state court on your behalf, or it will issue a "right to sue" letter allowing you to file a private lawsuit. If the MCHR finds no probable cause, the charge is transferred to the EEOC for federal investigation. The entire process typically takes 6 to 12 months.

Step 5 — Consult an attorney: Contact an employment law attorney in Missouri if the employer retaliates against you for filing a charge, if the MCHR or EEOC investigation stalls beyond 6 months, if the investigator seems biased toward the employer, or if you received a right-to-sue letter. A Missouri employment attorney can evaluate the strength of your case, advise on settlement negotiations, file a private lawsuit if necessary, and represent you in court. Consult an attorney before accepting any settlement offer to ensure you understand your rights and the value of your claim. Many employment attorneys work on contingency (no upfront fee) and recover attorney's fees from the employer if you win, making legal representation accessible.