Age Discriminaton

Federal and state laws prohibit age discrimination at workplaces. Age discrimination is defined as an employer discriminating (treating someone differently and badly) based on the person's age — with "age" generally being older, not younger.

In 1967, Congress passed the Age Discrimination in Employment Act (ADEA) to protect individuals aged 40 years and older from discrimination based on their age. The ADEA says that an employer with at least 20 employees cannot refuse to hire, refuse to promote, or fire a person based solely on his or her age. For example:

An individual's age cannot be a factor in decisions about his or her hiring, pay, promotion, layoff, or job termination.
Employers (with a few exceptions) cannot force employees to retire at a certain age.
Job recruitment ads cannot mention age or state that a certain age is preferred.
Training programs cannot set age limits for trainees.
Employers can't legally take action against employees who file a charge of age discrimination.
Employers can offer voluntary early retirement without violating the ADEA, but when such an offer requires the employees to give up the right to make a claim under the ADEA, it has to meet certain legal requirements.

Examples of Possible Age Discrimination

Age discrimination can take some subtle forms, and employers are often clever about hiding their discriminatory practices. Here are a few examples of age discrimination:

A company is having difficult times economically, so it fires or lays off the oldest workers first, because the oldest workers are making the highest salaries after having been with the company the longest.

A boss gives an older employee undeserved bad job performance evaluations and then uses this false record of poor performance to fire or demote the employee.

An employer won't let an older worker take a training course or otherwise invest in the worker's further growth.

A company refuses to hire anyone who looks older than a certain age, simply to maintain a youthful company image.

The management turns down an older employee for promotion, instead hiring someone younger for the position.

State Anti-Age Discrimination Laws

The ADEA is a federal law that applies only to companies with at least 20 employees. Most states in the U.S. also have age discrimination statutes, many of which apply to companies with less than 20 employees. The details of the state laws vary, and it's best to consult a knowledgeable employment discrimination attorney in your state to find out the exact parameters of your state's laws.

Contact an Employment Discrimination Lawyer

Age discrimination is a complex field of law. If you feel that you're the victim of age discrimination, you should discuss your situation with an experienced attorney. Contact a skilled age discrimination attorney today, and be prepared to explain in detail the circumstances that are troubling you. The attorney will describe your legal rights and options.

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Age Discriminaton

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