Discrimination at work against an employee because of his or her age is illegal in both federal and state law. Age discrimination may take the form of harassment or abuse, deliberately paying fewer wages or offering overtime, refusing to hire or offer promotion or firing an employee because of their age.
An employee who experiences obvious age discrimination has the right to report the situation to the appropriate federal or state anti-discrimination watchdog.
These agencies will make an attempt to resolve the complaint, and may allow the employee to sue the employer for damages.
Reporting Age Discrimination at Work
Age discrimination may take several forms. State and federal laws prohibit discrimination against an employee solely because they are 40 or over.
If you believe you have experienced age discrimination, and have evidence of age discrimination to back up your assertions, the first step should be to write a letter of complaint to your HR department or equivalent.
Set out the reasons why you have been discriminated against, e.g. you have not been offered overtime or promotion, although less experienced co-workers have over you.
It is best to put this in writing, so you have evidence that you have tried to communicate your grievance with your employer. Make sure you collect any response given to you in regard to your report of age discrimination.
Reporting Age Discrimination to the EEOC
If you do not get an adequate or satisfactory response from your employer, i.e. the instances of age discrimination continue, your next step is to file a complaint with either a state anti-discrimination agency or the federal discrimination agency, the Equal Employment Opportunities Commission (EEOC).
The EEOC primarily investigates complaints of discrimination that take place in larger workplaces, specifically those that employ 15 or more employees.
When filing your complaint with the EEOC, there is an established procedure for it. You can file your complaint online, or by phone or attend a face to face interview.
You should be clear about what sort of discrimination you have experienced and be able to provide concrete evidence that this sort of discrimination has happened to you.
Reporting Age Discrimination to Your State
Nearly every state has a department that deals with that state’s anti-discrimination legislation. State laws concerning age discrimination tend to parallel those of the federal government and in fact, state agencies such as civil rights departments or labor departments normally have a work share agreement with the EEOC on complaints of age discrimination, in the same way they do with other complaints of discrimination.
State anti-discrimination agencies have varying rules on eligibility, but generally investigate and deal with complaints from smaller workplaces than the EEOC.
What to Have When Reporting Age Discrimination
You will need evidence that you have been subjected to age discrimination when you make a formal complaint to the EEOC or equivalent state labor department or anti-discrimination agency. You will also need to prove that you have communicated the discrimination to your employer without success.
Speak With an Employment Law Attorney
Discrimination at work against employees who are 40 or older simply because of their age is illegal in both federal and state legislation. There are established procedures for employees who have experienced age discrimination.
Government anti-discrimination agencies will investigate complaints, but you may find that your case will have a better chance of resolution if you hire an employment law attorney to provide legal help.
