Have you ever been a victim of age discrimination? If you haven’t yet, you very well could be in a few years.
Age discrimination is a real concern for older workers, but the 1967 Age Discrimination in Employment Act, or ADEA, provides protection for job applicants and employees who are 40 years old or older from discrimination on the base of age in hiring, discharge, promotion, compensation, or conditions and privileges of employment.
The ADEA Act is enforced by the Equal Employment Opportunity Commission or EEOC. If you’re a worker that’s 40 or older and you suspect that you’ve been discriminated against because of your age you have the right to file a claim against your employer for violating the Age Discrimination in Employment Act.
How Does the ADEA Protect Employees?
Under the ADEA employers are violating the law if they discriminate against someone because of their age. That means that they can’t refuse to hire a qualified applicant just because they are 40 or older.
It also means that they can’t fire employees who are otherwise good employees just because they get older.
The ADEA prohibits age discrimination in the hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training of workers.
Your employer can’t deny you a promotion just because of your age or not pay you as much as other workers because of your age.
If you suspect that you’re being targeted at your job because of your age you should speak with an employment attorney who can help you understand your rights under the ADEA.
If you are being subjected to extra scrutiny, or if you feel like your employer is looking for an excuse to fire you because of your age you may be able to file a claim against your employer.
The law also says that a company cannot engage in age discrimination in recruitment and hiring of workers. For example, a company can’t advertise for workers that are under 40 or specify an age range for applicants.
If you notice that a company only hires workers who are under 30 that could show a pattern of age discrimination which is against the law.
How to Prove Age Discrimination
Age discrimination can be difficult to prove. Most employers are careful to try and avoid the appearance of discrimination by disguising it as something else.
But if you want to file a claim against your employer you will need evidence to back up your claim. Document any overt age discrimination that you experience by writing down the date, the time, who was involved, and what happened.
Look for patterns of discrimination, harassment, or abuse. For example, if you are passed over for promotion and the person who was promoted has less experience and education but is significantly younger than you that could prove a pattern of discrimination based on age. Age discrimination can also mean a toxic workplace environment where jokes and comments that disparage older workers are common.
Why Should I Hire An Employment Law Attorney
An employment law attorney who has experience in age discrimination cases can be a great ally for you. A lawyer with employment law experience can help you figure out if you’re a victim of age discrimination and help you figure out the next steps to take in order to remedy that situation.
A good employment lawyer will help you file a claim, collect evidence, and advise you through the entire process of filing a complaint again an employer.
Employment attorneys can also help you understand what the options are when it comes remedies and whether or not you could be entitled to damages.
If your claim goes to court a competent employment lawyer will be a great ally to have on your side representing your interests in the dispute.
Get a Free Case Evaluation
Age discrimination occurs to millions of people each year. It can be difficult to prove but you should fight for your job and career.
Working with an employment lawyer may increase the chances that your claim against an employer for age discrimination will be successful in the long run.
Fill out the free case evaluation now to find out how to contact an attorney that specializes in employment law who can give you advice on filing a claim against your employer for age discrimination.
Additional Resources
- What Damages Could You Win In An Age Discrimination Lawsuit?
- How to Win Your Age Discrimination Lawsuit
- How To Prove Age Discrimination In Hiring
