10 Worst States for Age Discrimination on the Job

Complaints of bias at work vary widely, depending on where you live. Our map can help

Kenneth Terrell,

AARP

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Published May 23, 2025

illustration of a U.S. map with people climbing or looking at a ladder in each state

See where older workers may be most at risk of unfair treatment on the job.

Rob Dobi

Age discrimination on the job happens all over America, but a new analysis of federal data suggests that the state in which you are employed might make it more likely you’ll encounter ageism at work.

Seniorly, a company that provides an online directory of senior living communities, looked at 2020-2024 data from the Equal Employment Opportunity Commission (EEOC) to find out how many age discrimination complaints the federal agency received on a state-by-state basis (including the District of Columbia). To be fair to states that have more residents — meaning more opportunities for age discrimination complaints — Seniorly converted those complaints to a “per 100,000 eligible workers” basis.

With 437 complaints per 100,000 eligible workers, the District of Columbia reported more alleged age discrimination than any other place in the nation — a whopping 40 times more than Maine, which tallied just 10 age discrimination complaints per 100,000 residents.

“It is not surprising to me, having been a member of the workforce, that older adults are facing discrimination or lack of access to certain opportunities,” says Christine Healy, chief growth officer at Seniorly and one of the authors of the report. “What did surprise me was the range between the low and the high end.”

In fact, New England states logged among the fewest age discrimination complaints. New Hampshire (18 complaints per 100,000 eligible workers), Vermont (20 complaints), Massachusetts (32 complaints) and Connecticut (33 complaints) were among the states with the fewest charges of discrimination.

The states with the most age discrimination complaints

On the other hand, the states with the most charges of age discrimination were scattered across the country, with a notable cluster in the South.

AARP asks Congress to protect older workers

EEOC data shows that age discrimination at work is increasing. In 2024, the agency received 16,223 complaints of age discrimination, nearly 2,000 more than the previous year. Many factors may be contributing to that increase. But, as people are choosing to work later in life, the chances they will encounter age discrimination seem likely to increase, creating an overall spike.

AARP is working to protect older adults’ right to work for as long as they choose or need to. AARP recently sent letters to both the House of Representatives and the Senate urging passage of the reintroduced, bipartisan Protecting Older Workers Against Discrimination Act (POWADA).

Join Our Fight Against Age Discrimination

The proposed law would restore some federal protections against age discrimination that were eroded by a 2009 U.S. Supreme Court ruling. Prior to the ruling, workers had to prove only that their age played any role in employers’ discriminatory decisions. Post-ruling, workers essentially must prove that their age was the primary factor in those decisions. POWADA would restore the previous standard.

“Because of [the 2009 ruling], workers must meet a much higher burden of proof for age discrimination than any other form of discrimination,” AARP Senior Vice President of Government Affairs Bill Sweeney wrote in the letter. “This bill helps level the playing field for older workers and restores their ability to fight back against age discrimination in the workplace.”

Age discrimination laws vary by state

The EEOC numbers can show which states have the most age discrimination complaints, but they can’t alone explain why those numbers are high and low. One explanation might be the differences in regional unemployment rates. Typically, lower unemployment rates help older workers because businesses are eager to hire or retain qualified workers regardless of age.

For example, in addition to having the lowest allegations of age discrimination, Maine also had an unemployment rate of 3.5 percent in April 2025. On the opposite end, the District of Columbia had an April 2025 unemployment rate of 6 percent. That’s nearly twice as high as the Pine Tree State’s. By comparison, the U.S. unemployment rate in April was 4.2 percent.

State and local age discrimination laws — and courts — might also play a role in the willingness of workers to pursue legal action. The Seniorly analysis looked at EEOC numbers, which are based on federal Age Discrimination in Employment Act (ADEA) protections. That law prohibits discrimination against workers ages 40 and older nationwide.

But some states and cities have laws that offer workers more specific protections than the ADEA. For example, Colorado and Connecticut recently passed laws largely forbidding employers from asking prospective employees age-related questions, something the ADEA does not prohibit.

The ADEA also applies only to businesses with 15 or more employees. By comparison, the District’s civil rights law applies to businesses with even just one employee. That means more older workers are protected in the District, but it also leads to the possibility of a higher number of complaints.

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Kenneth Terrell covers employment, age discrimination, work and jobs, careers, and the federal government for AARP. He previously worked for the Education Writers Association and U.S. News & World Report, where he reported on government and politics, business, education, science and technology, and lifestyle news.