The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. You must first file a charge with the EEOC in order to seek a legal remedy for age discrimination or retaliation that violated the ADEA.How Do I Prove Age Discrimination at Work? The Age Discrimination in Employment Act protects workers over 40 from age discrimination. A plaintiff suing under the ADEA must show that "but for" age discrimination, the adverse employment action would not have occurred. First, you must be able to claim yourself a member of a protected class. To establish age discrimination, you must demonstrate that your age was a significant factor in the adverse employment action taken against you. What Does the New Jersey Law. Against Discrimination (LAD) Say. Our firm represents clients in a number of different discrimination areas.