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Is Age a Disability Under the ADA?

Submitted by rachel on

Age discrimination is very real, and millions of people are experiencing it as they get older. Although age itself isn’t a disability, conditions that are age-related are protected under the Americans with Disabilities Act (ADA). 

If you’ve experienced age discrimination or your employer has violated ADA protections for people with age-related disabilities, you can file a claim against that employer and hold them accountable for violating the law.

What Is the Americans With Disabilities Act (ADA)?

The Americans with Disabilities Act was passed to ensure that people who have disabilities are protected in the workplace. Under the ADA employers cannot refuse to hire people with disabilities, including age-related disabilities.

The ADA also states that employers must make reasonable accommodations for employees with disabilities. If you have been experiencing discrimination in the workplace because you have an age-related disability you can file a complaint against your employer.

How Else Are You Protected From Age Discrimination At Work?

The Americans with Disabilities Act isn’t the only legal protection for people who have age-related disabilities. The Age Discrimination in Employment Act was passed to protect workers who are older than 40 from age-related discrimination at work. Your employer can’t fire you or refuse to treat you equally with other workers because of your age or your age-related disabilities.

If your employer tries to force you out of your current job because of your age, that’s illegal under the Age Discrimination in Employment Act.

What Are Examples of Age Discrimination?

There are a lot of ways that employers try to discriminate against employees because of their age. But filing a claim against your employer for discrimination can make them stop and hold them accountable for things like:

  • Not giving promotions to workers over a certain age.
  • Refusing to hire people over 40.
  • Firing or demoting people over the age of 40.
  • Refusing to get an employee with age-related vision problems a larger screen, an adaptive screen reader, or other tools that count as accommodations for age-related disabilities.
  • Refusing to get a noise canceling phone headset or a phone with expanded volume capability for an employee with age-related hearing loss.
  • Leaving older employees out of meetings or trainings.
  • Only hiring people under 30 years old.
  • Forcing older employees to quit or take early retirement.

You are entitled to fair treatment in the workplace, and you are protected by Federal labor laws. Your employer can’t discriminate against you because of your age or an age-related health condition.

Get Help With Your Age Discrimination Claim

If you have been a victim of age discrimination at work, you should speak with an attorney that has experience in age-related discrimination cases. If you win your lawsuit, you may be entitled to recover damages from your employer. Your employer must follow the American with Disabilities Act and the Age Discrimination in Employment Act guidelines.

An attorney may be able to make sure that your employer is held accountable for violating your workplace rights. To speak with an independent, participating attorney who subscribes to the website, fill out the Free Case Evaluation today.

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