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10 Worst States for Age Discrimination on the Job

Complaints of bias are rising. Here’s where they’re highest

Kenneth Terrell,

Updated August 21, 2026

AARP

En español

Updated August 21, 2026

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

Rob Dobi

Key takeaways

Age discrimination complaints increased in 2024, and the District of Columbia again had the highest rate relative to workers age 45 and older.
Older workers face hurdles tied to hiring trends, return-to-office policies and perceptions about using new technology.
AARP is backing federal legislation and legal efforts aimed at strengthening protections for older workers.

Even though older workers are becoming more important for employers, age discrimination isn’t going away. And where you live might affect how much bias you face.

A new study from CareScout, a Genworth Financial company that helps older adults and their families navigate aging and long-term care, reveals vast differences between states with the highest and lowest numbers of age-discrimination complaints relative to their older-worker populations.

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The report examines 2021–2024 data from the Equal Employment Opportunity Commission (EEOC) and the Bureau of Labor Statistics to determine how many age discrimination complaints the federal agency received on a state-by-state basis, including the District of Columbia. To provide a fair comparison regardless of population and geography, CareScout measured age-related workplace discrimination complaints per 100,000 workers age 45 and older.

The District of Columbia took the unenviable top spot for a second straight year with 437 complaints per 100,000 eligible workers, more than double that of Arkansas, which had the second-highest number at 206 complaints per 100,000 eligible workers. For the second year in a row, Maine remained on the opposite end of the spectrum, with a mere 10 complaints per 100,000 eligible workers, the lowest in the United States.

“The status quo isn’t working,” about reducing workplace age discrimination, says Arthur Bretschneider, CareScout’s chief product officer. “These numbers are very similar [year-to-year], so whatever is happening is continuing to happen. There isn’t change happening.”

Bretschneider leaves room for interpretation of the data, suggesting the numbers may reflect which regions have workers who are more aware of both overt and subtle forms of age bias in the workforce — and are more prepared to fight back. The district, for example, has one of the highest concentrations of lawyers in the United States, according to the American Bar Association, and is home to the federal government, whose workers may be more attuned to challenges and protections for older workers, Bretschneider says.

Including the District of Columbia, seven of the 10 localities with the most age discrimination cases are in the South. Three New England states (Maine, New Hampshire and Vermont) were among the five states with the fewest complaints.

The 10 worst states for age discrimination were:

Washington, D.C. (437 complaints per 100,000 eligible workers)
Arkansas (206 complaints per 100,000 eligible workers)
Mississippi (188 complaints per 100,000 eligible workers)
Tennessee (174 complaints per 100,000 eligible workers)
Nevada (169 complaints per 100,000 eligible workers)
Georgia (tie) (160 complaints per 100,000 eligible workers)
Pennsylvania (tie) (160 complaints per 100,000 eligible workers)
Illinois (145 complaints per 100,000 eligible workers)
Alabama (144 complaints per 100,000 eligible workers)
North Carolina (140 complaints per 100,000 eligible workers)

How AI and remote work can affect age bias

The majority of older workers nationwide encounter some form of age discrimination, regardless of career or locale. About two-thirds of workers 50-plus have seen or experienced age discrimination in the workplace, according to a 2026 AARP survey. While the unemployment rate for workers 55 and older is lower than the national average, the number of “discouraged workers,” or people who believe no jobs are available to them, continues to rise among Generation X and older individuals.

Bretschneider points to specific changes in today’s sluggish job market that could affect mature workers. These factors include the mainstream adoption of artificial intelligence, which he says could leave older employees vulnerable to preconceived notions of their ability to use new technology. “There is a very real belief that they are less tech savvy ... and because of that, they’re put in a different bucket,” Bretschneider says, adding that it’s an unfair bias.

Another factor Bretschneider cites is companies implementing return-to-office policies, a trend he regularly sees in his hometown of San Francisco.

A new study from Robert Half, a professional staffing and consulting firm, finds that 77 percent of job postings in early 2026 were fully on-site, with 19 percent hybrid and 4 percent fully remote, a decline in remote and hybrid roles compared with 2025. The same report finds that 47 percent of professionals are opting against a new job search, at least in part due to a fear of losing their current flexibility.

The Center for Retirement Research at Boston College says that a person working remotely is slightly less likely (1.4 percentage points) to retire than an otherwise similar individual because remote employment allows them to extend their careers more easily.

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AARP asks Congress to protect older workers

EEOC data from 2024, the most recent statistics released, 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.

The surge comes as the healthy aging of the U.S. population means more individuals are likely to delay retirement. Data from the U.S. Bureau of Labor Statistics (BLS) shows a steady increase in the number of workers between 60 and 70 years old since 2000. The trend is expected to continue through the end of this decade, since 74.9 percent of adults in their late 50s are predicted to be in the workforce in 2030, as are 62.4 percent of 60- to 64-year-olds. Overall, 38.6 percent of Americans 55-plus will be in the labor pool by 2030, the BLS projects.

AARP is working to protect older adults’ right to work for as long as they choose or need to. AARP sent letters to both the House of Representatives and the Senate urging passage of the bipartisan Protecting Older Workers Against Discrimination Act (POWADA) in May 2025, when it was reintroduced. It has yet to pass in either the House of Representatives or the Senate.

The proposed law would restore some federal protections against age discrimination that were eroded by a 2009 U.S. Supreme Court ruling. Before 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.

AARP also supported two more bipartisan bills in September 2025:

The Protecting Older Americans Act would allow workers to pursue age discrimination claims in court rather than being forced into arbitration.
The Protect Older Job Applicants Act would expand federal workplace protections to include people who are applying for jobs, even before they have reached the hiring stage.

In recent years, AARP Foundation has joined nearly a dozen age-related legal cases, focusing on those that concern employment laws, policies and practices.

Age discrimination laws vary by state

The EEOC numbers show which states have the most age discrimination complaints, but they can’t alone explain why those numbers are high or 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 3.1 percent in June 2026. On the opposite end, the District of Columbia had a June 2026 unemployment rate of 5.2 percent. By comparison, the U.S. unemployment rate in June was 4.2 percent.

State and local age discrimination laws — and courts — might also influence workers’ willingness to pursue legal action. The CareScout analysis looked at EEOC numbers, which are based on federal Age Discrimination in Employment Act (ADEA) protections. That law prohibits discrimination against workers age 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 have 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 one employee, and the same is true in Connecticut. That means more older workers are protected in both locations, but it can also increase the likelihood of complaints.

Editor’s Note: This article replaces a state-by-state ranking of age discrimination complaints published in 2025. It has been updated with more recent data.

The key takeaways were created with the assistance of generative AI. An AARP editor reviewed and refined the content for accuracy and clarity.

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.

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