<prompt> Human: Exactly what the title says. Ive been working at the same plus 1 year. In the field of higher education e.g. collegeuniversity so the benefits are pretty good. I receive all the benefits my colleagues receive EXCEPT the 403b. Is it legal for them to deny me the same benefits as other employees because of my age? Anything I can do about it?  <response>: Well, yes, its ageism, but the U.S. Department of Labor only protects those age 40 and olderThe Age Discrimination in Employment Act of 1967 ADEA protects certain applicants and employees 40 years of age and older from discriminationIm not a lawyer, so this obviously isnt legal advice, but it sounds like its legal. Whether its fair or not can be debated. 