Age discrimination in the workplace is illegal, but unfortunately it still exists in many places where people work. It only survives when those discriminated against are afraid to speak up or are unsure how to respond.
Because both state and federal laws prohibit age discrimination, there are steps you can take to do something about it.
This includes filing complaints, obtaining evidence of clear discriminatory practice and understanding anti-discrimination legislation.
In some cases, you may have to file a lawsuit against your employer through a civil court. Assistance from an employment lawyer can help you respond to discrimination in the workplace.
How to Handle Age Discrimination
Age discrimination in the workplace can take several forms. You may be the victim of age discrimination if you experience any of the following because of your age:
- you were not hired because of your age;
- you were fired because of your age;
- you were passed over for overtime, promotion or benefits;
- you have been the victim of taunts or abuse;
- you were not paid the correct wage;
The federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees who are over 40 years of age.
It doesn’t include discrimination against younger employees, although some states have laws that prohibit that as well. Most state laws are similar to the ADEA.
The first step in responding to age discrimination is to be clear whether your employer has actually breached anti-discrimination legislation, i.e. you have experienced one or more of the discriminatory actions listed above because of your age, not because of your ability or work experience.
You will need to obtain sufficient evidence that you have been discriminated against. Evidence could include:
- witness statements e.g. from work colleagues;
- correspondence you have received indicating clearly discriminatory actions against you;
- copies of any written or printed abuse you have received.
You should make sure you have made an attempt to inform HR or a supervisor of what you believe is discrimination against you. Keep a record of all correspondence between yourself and your employer regarding your complaint and any responses you have.
Maintain a log of discriminatory acts against you. Try and establish whether age discrimination is a common occurrence at your workplace from other employees.
If you get no satisfactory response from your employer, you should then take your complaint to either the Equal Employment Opportunities Commission (EEOC) or the equivalent state agency that deals with cases of discrimination at work.
The EEOC handles discrimination cases in larger workplaces, specifically those where 15 or more people are employed. State agencies will handle age discrimination cases in smaller workplaces.
If the EEOC or state agency cannot resolve your complaint after an investigation they may give you a right-to-sue letter.
At this or any earlier stage, you can ask a lawyer to help you file a lawsuit against your employer for breaching age discrimination legislation. You may obtain financial compensation in addition to reinstatement of your job or reversal or cessation of discrimination.
Get Help With Your Age Discrimination Claim
Age discrimination in the workplace is illegal according to both state and federal laws. If you have clear evidence that you have been discriminated against because of your age, there are steps you may take to resolve the situation such as filing a claim with the EEOC.
