Q: Can I file for age discrimination if I was laid off due to insurance not covering employees under 23?

A: In order to pursue a claim for age discrimination, the plaintiff must be 40 years of age or older.

A: Based on federal and state employment discrimination laws, your situation presents some interesting legal complexities. While the Age Discrimination in Employment Act (ADEA) prohibits age discrimination, it only protects workers who are 40 years of age or older. Your age of 22 falls outside this federal protection. However, this does not mean you have no potential legal recourse for what appears to be age-based termination.

Some states have enacted broader age discrimination laws that protect workers of all ages, including younger employees. These laws can prohibit discriminatory employment practices based on age regardless of whether the affected employee is above or below a certain threshold. The legitimacy of your potential claim would depend on the specific laws in your state and whether insurance requirements constitute a bona fide occupational qualification or business necessity that would justify the age restriction. Insurance requirements related to driving positions often have age-related restrictions that employers may legally need to follow.

I recommend contacting your state's labor department or equal employment opportunity agency to inquire about state-specific age discrimination protections that might apply to your situation. You should also gather all documentation related to your termination, including the unemployment documentation you mentioned and any communications about the insurance policy requirements. A consultation with an employment attorney would be valuable to evaluate whether your state offers protections against age discrimination for younger workers in your specific circumstances. The attorney could also help determine if there might be other legal theories under which you could challenge your termination, such as breach of contract or violations of other employment laws.