The Age Discrimination in Employment Act makes it unlawful to publish a job advertisement indicating any preference based on age.

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Section 4(e) of the Age Discrimination in Employment Act makes it unlawful to "print or publish or cause to be printed or published, any notice or advertisement . . . indicating any preference, limitation, specification, or discrimination, based on age." The court in Hodgson v. Approved Personnel Serv., Inc. found that, in determining whether an advertisement had a discriminatory effect on older individuals, "the discriminatory effect of an advertisement is determined not by 'trigger words' but rather by its context."

The Age Discrimination in Employment Act Makes It Unlawful to Publish