Legal Question in Discrimination Law in Indiana

401(k) and age discrimination?????? Please help!

I'm 19 years old, working as a programmer/analyst for a company. We have a matching 401(k) plan in place at our company that I wish to participate in once I am eligible (after one year of service, which is coming up shortly) unfortunately one of the eligibility requirements of our 401(k) plan states "First day of the mnth following completion of one Year of Service in which you work 1,000 hours and attainment of age 21." My question is this, is the age limit of 21 a federal or state requirement? Or is this grounds for an age discrimination case? Please advise.


Asked on 5/14/98, 12:10 pm

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

Age Discrimination -- Age 19

Federal age discrimination covers individuals from age 40 and up only, which means discrimination because you are too young is not a violation. Some states protect other age groups. For example, Oregon law protects individuals starting at age 18.

Please be aware that you have only a limited time in which to bring a legal claim. If you delay, all your right to pursue your claim may be lost forever. The limitations periods for different kinds of claims are of different lengths of time, and when the time begins to run can be difficult to determine in some cases. Do not delay. Act promptly if you intend to pursue a legal claim.

The comments contained in this response are not intended as, and should not be relied on as, specific legal advice. These comments are for general guidance only. If you need specific advice for a particular problem, you should consult a lawyer in person.

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Answered on 8/31/98, 11:49 am

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