In the United States, federal law prohibits age discrimination in the workplace. The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating or retaliating against individuals who are 40 years of age or older in the hiring process, promotions and other employment decisions, and in terms and conditions of employment. The ADEA applies to employers with 20 or more employees, and it covers both current employees and job applicants.
The ADEA also prohibits employers from harassing employees because of their age, and it requires employers to provide equal opportunities for promotion and advancement to employees who are 40 years of age or older.
In addition to the ADEA, some states have their own age discrimination laws that provide additional protections or may have different requirements for how to file a claim of discrimination.
It is important to note that the ADEA does not prohibit all age-based employment decisions. Employers are allowed to make employment decisions based on an individual’s age if they can demonstrate that age is a “bona fide occupational qualification” (BFOQ) for the job in question. A BFOQ is a characteristic that is essential to the job and that cannot be reasonably accommodated. However, the BFOQ defense is narrowly construed and is not often successful.
Q) How would I assess if I have an age discrimination claim?
A) Age discrimination occurs when an individual is treated unfairly because of their age or because of a perceived age. If you believe that you have been the victim of age discrimination in the workplace, you may have a claim against your employer.
To determine whether you have an age discrimination claim against your employer, you should consider the following factors:
- Protected characteristic: Federal law prohibits discrimination on the basis of age. If you are being treated unfairly because of your age, or because you are perceived to be a certain age, you may have an age discrimination claim.
- Adverse action: To have a discrimination claim, you must have suffered some type of adverse action because of your age. This could include being fired, demoted, or passed over for a promotion because of your age.
- Non-discriminatory reason: Your employer may try to justify the adverse action by offering a non-discriminatory reason for it. To have a discrimination claim, you must be able to show that the real reason for the adverse action was your age.
- Comparators: To strengthen your case, it can be helpful to show that similarly situated individuals who are not the same age as you were treated more favorably.
If you believe that you have an age discrimination claim against your employer, you may want to consult with an attorney to understand your rights and options. An attorney can help you determine whether you have a valid claim and can assist you in pursuing your rights.
Q) Have you experienced age discrimination in the workplace?
A) If so, you may be entitled to legal remedies.
Our law firm is dedicated to fighting for the rights of employees who have experienced age discrimination in the workplace. We are experienced in handling cases involving all types of age discrimination, including discrimination in hiring, promotion, and other employment decisions, as well as age-based harassment.
If you believe that you have been the victim of age discrimination, we can help you explore your legal options and fight for the justice you deserve. We offer free consultations and are dedicated to helping our clients get the best possible outcome in their cases.
Don’t let age discrimination go unchallenged. Contact our office today to schedule a free consultation with one of our experienced employment attorneys. We are here to help you get the justice you deserve.