If an employee who believes that his or her employer has engaged in age discrimination files a complaint with the federal Equal Employment Opportunity Commission,he or she cannot file a lawsuit in state court under state age discrimination laws as these legal options are mutually exclusive.

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If an employee who believes that his or her employer has engaged in age discrimination files a complaint with the federal Equal Employment Opportunity Commission (EEOC), he or she can file a lawsuit in state court under state age discrimination laws as these legal options are not exclusive. The employee can also file a complaint with the state equivalent of the EEOC (if one exists) or file a lawsuit in federal court under the Age Discrimination in Employment Act.

If an Employee Who Believes That His or Her Employer