Ralph DeVito, a New Jersey resident who filed the lawsuit, had applied for two tech job openings advertised by Infosys on Monster.com.

One Infosys job posting set a "maximum experience" requirement of 15 years, and another set a limit of 25 years.

DeVito filled out the online forms but his applications "were immediately and automatically rejected" because he didn't satisfy the maximum experience requirements, according to his lawsuit.

DeVito, who was 58 when he applied for the jobs, has more than 25 years of experience in the jobs sought.

"Simply doing the math, 25 years' experience boxes out anyone who is over 40," said John Roberts, an attorney at Arseneault Whipple Fassett & Azzarello in Chatham, N.J., who represents DeVito.