Age Discrimination Laws in Texas: Your Workplace Rights

The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, is the primary federal statute protecting workers from age discrimination. The ADEA applies to employers with 20 or more employees and covers all individuals age 40 and older. The law prohibits discrimination in hiring, firing, pay, job assignments, promotions, layoffs, training, and any other term or condition of employment based on age. The ADEA covers private sector employers, state and local governments, and the federal government.

Under the ADEA, employers cannot establish age-based policies, make age-based hiring or firing decisions, or create a hostile work environment based on age stereotypes or age-related comments. The law prohibits both intentional discrimination (disparate treatment) and facially neutral policies that have a disproportionate impact on older workers (disparate impact). Additionally, the Older Workers Benefit Protection Act (OWBPA) protects benefits for older workers and restricts severance agreement waivers.

The Equal Employment Opportunity Commission (EEOC) enforces the ADEA at the federal level. Remedies available under the ADEA include back pay, front pay, liquidated damages equal to the amount of back pay, reinstatement or promotion, attorney fees, and court costs. Individuals may also file a civil action in federal or state court after obtaining a right-to-sue letter from the EEOC.

Texas does not have a separate state statute specifically prohibiting age discrimination. Instead, Texas relies entirely on the federal Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623. This means that the ADEA is the sole source of age discrimination protection for Texas workers, and no state-specific enhancements or broader protections exist beyond what federal law provides.

Because Texas defers to federal law, the threshold for employer coverage remains 20 employees under the ADEA. Texas state law does not extend age discrimination protections to smaller employers or to workers under age 40. Additionally, Texas has not adopted any state-level procedural alternatives or supplementary remedies beyond those available under the ADEA.

However, Texas courts apply federal ADEA standards and have developed case law interpreting the statute in the context of Texas employment practices. Some Texas employers are also covered by the Texas Labor Code, which addresses other employment issues such as minimum wage and overtime, but age discrimination specifically is governed only by federal law.

The Texas Workforce Commission does not investigate age discrimination charges independently; instead, all age discrimination claims must be filed with the EEOC, which coordinates with state deferral agencies if applicable. Since Texas does not have a state fair employment agency with deferral authority, charges are filed directly with the EEOC's Dallas field office for processing under federal law only.

Age discrimination claims under the ADEA have several important exceptions and defenses. First, the law does not apply to employers with fewer than 20 employees, meaning small Texas businesses are not covered by the ADEA. Second, only employees age 40 and older are protected; discrimination against younger workers, even if based on age preferences, is not unlawful under the ADEA.

Employers can defend age discrimination claims by demonstrating that the adverse employment action was based on a legitimate, non-discriminatory reason (such as poor performance, misconduct, or business restructuring) rather than age. The Bona Fide Occupational Qualification (BFOQ) exception permits age-based employment decisions in rare cases where age is reasonably necessary to the normal operation of the business—for example, certain public safety positions. Additionally, the ADEA explicitly protects reasonable factor other than age (RFOA) defenses, allowing employers to make decisions based on factors such as experience, skills, education, or performance metrics, even if these factors correlate with age.

Seniority systems and benefit plans may also be lawful under the ADEA if they are bona fide, meaning they were established as part of a legitimate employment practice. However, seniority systems cannot be used as a pretext to mask age discrimination. The Older Workers Benefit Protection Act (OWBPA) restricts waivers of ADEA rights in severance agreements; any waiver must be knowing and voluntary, must be in writing, must specifically reference the ADEA, and must be supported by consideration beyond what is otherwise due to the employee.

Step 1: Document the discrimination. Keep copies of performance evaluations, emails, text messages, or written communications showing age-based comments or treatment. Record dates of discriminatory incidents, names of witnesses, and descriptions of what happened. Preserve hiring materials, job postings, and communications showing age preferences or age-based rejection reasons. Document your age, the ages of comparators hired or promoted instead of you, and any pattern of age-based decisions affecting your workplace.

Step 2: Follow the internal complaint process. Report the age discrimination to your HR department or supervisor in writing, keeping a copy for your records. Many employers have written complaint procedures outlined in the employee handbook; following these procedures strengthens your legal position and demonstrates that the employer had notice. Document the date of your internal complaint and the response (or lack thereof). Internal complaints do not waive your right to file with the EEOC and are not required, but they create a paper trail.

Step 3: File an EEOC charge. Contact the EEOC's Dallas Field Office at 207 S. Houston Street, Suite 300, Dallas, TX 75202, by phone at 972-655-3355, or online at www.eeoc.gov/filing-charge-discrimination. You must file within 180 days of the discriminatory act. Complete the EEOC intake questionnaire or charge form, providing your name, employer name and address, date of hire, age, job title, description of the discrimination (including dates and any age-related comments), witnesses, and the relief you seek. Include copies of relevant documents such as emails, performance reviews, or termination letters.

Step 4: Expect the investigation process. The EEOC will send a copy of your charge to the employer and may conduct interviews with you, the employer, and witnesses. The investigation typically takes 60–180 days, though timelines vary. The EEOC will ask the employer for documents, explanation of the decision-making process, and comparative evidence (ages and qualifications of other employees). You may receive a Right-to-Sue letter before the investigation concludes if there is reasonable cause to believe discrimination occurred, or the EEOC may issue a determination of cause or no cause based on the evidence.

Step 5: Consult an employment attorney. If the EEOC issues a right-to-sue letter or determination of cause, contact an employment law attorney licensed in Texas who specializes in ADEA and employment discrimination cases. An attorney can evaluate whether to pursue settlement negotiations with the employer, file a civil action in federal court, or pursue other remedies. Many employment attorneys work on a contingency basis for discrimination cases, meaning they are paid from any settlement or judgment recovered.