Your employer also can't discriminate against workers who are 40 or older based on their age. This article explains how to file a complaint if you believe your employer has discriminated against you.Experiencing age discrimination in Austin or Houston, TX? Contact Jack Nichols for representation in your age discrimination case against your employer. The Texas age discrimination lawyers at Rob Wiley, PC represent employees and groups of employees that have been discriminated against because of their age. The ADEA and the Texas Labor Code prohibit employers with 20 or more employees from discriminating against employees because of age. Age discrimination is unlawful at both the state and federal level in Texas. The Age Discrimination in Employment Act (ADEA) protects workers over the age of 40 from agebased discrimination. Texas law only addresses age discrimination against people who are at least 40 years old. First, you must be able to claim yourself a member of a protected class.