Discrimination of all kinds happens in the workplace every day, whether it is considered against the law or not. Age discrimination is one type of discrimination that still occurs, despite being prohibited by the Age Discrimination in Employment Act (ADEA). If you feel that you have been discriminated against in the workplace due to your age, you may be able to take legal action to protect your livelihood.
Age Discrimination Defined
Age discrimination, as defined by the Age Discrimination in Employment Act (ADEA), is defined as discriminating against an employee or potential employee for being over the age of 40. At this time, the ADEA offers no protection for the discrimination of employees under the age of 40. For example, it is not prohibited to hire an older employee versus a younger one based solely on age, nor is it prohibited to act favorably toward older employees by offering them benefits and opportunities not offered to younger employees. However, the reverse is prohibited. Employers may not hire a younger employee and discriminate against an older employee based solely on age, nor may an employer offer younger employees benefits and opportunities not offered to older employees as well.
What Does Age Discrimination in the Workplace Look Like?
Age discrimination, like many other forms of discrimination, can involve:
- Not hiring a potential employee due to older age
- Firing an employee due to older age
- Not providing the same job assignments and opportunities to employees both under and over the age of 40
- Not promoting an older employee solely based on age
- Not offering the same training and fringe benefits to employees both under and over the age of 40
- Harassing and making critical remarks to an employee about their age
Age discrimination in the workplace can take several different forms, and it can be difficult to prove. It's important that you understand your rights as an older employee. If you feel that you have been discriminated against in the workplace due to your age, reach out to an experienced employment law attorney as soon as possible.
Contact Sean A. Casey, Esq. for a Consultation Today
Attorney Sean A. Casey provides comprehensive legal representation to individuals who have been discriminated against in the workplace on the basis of gender, disability, race, age, and more. Call for a consultation to discuss your case and learn more about your legal rights at (412) 201-9090.