If I get laid off and a younger employee is kept, is that discrimination?

The Age Discrimination in Employment Act, referred to as the ADEA, protects employees or job candidates who are 40 or older. So, if you are 39, and you get replaced by a person who’s 25, it’s not age discrimination, because you’re not protected, however, if you’re over the age of 40, and you get replaced by a person who’s younger than 40, then it’s likely to be discrimination. Furthermore, even if you’re over the age of 40 and you get replaced by another employee who’s also over the age of 40, but is still substantially younger than you, that also may be sufficient for an age discrimination claim under certain circumstances.