EXPERIENCED ATTORNEY TO PROSECUTE ILLEGAL AGEISM
Age Discrimination | Ageism
Age discrimination occurs when someone is treated unfairly or disadvantaged because of their age. This type of discrimination typically impacts older workers but can also affect younger individuals in certain situations. It most commonly arises in employment but can occur in other areas like education, housing, or services.
Unfortunately, age discrimination prevents experienced individuals from contributing fully and reinforces harmful stereotypes about age and ability. Legal protections like the ADEA ensure that workers are judged on skills and qualifications rather than assumptions about their age.
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EXPERIENCED ATTORNEYS ASSISTING WITH AGE DISCRIMINATION
Key Aspects of Age Discrimination
- Direct Discrimination
- Treating someone less favorably specifically because of their age.
- Example: Refusing to hire someone because they are “too old” or assuming they can’t adapt to new technology.
- Indirect Discrimination
- Implementing policies or practices that appear neutral but disproportionately disadvantage people of a certain age group.
- Example: Requiring “recent college graduates” for a role, which indirectly excludes older workers.
- Harassment
- Subjecting someone to offensive comments, jokes, or stereotypes related to their age.
- Example: Repeatedly calling an older employee “over the hill” or saying they should “just retire.”
- Retaliation
- Punishing someone for complaining about age discrimination or asserting their rights.
- Example: Demoting an employee who files an age discrimination complaint.
Legal Protections Against Age Discrimination
Age Discrimination in Employment Act (ADEA):
- Protects individuals 40 years of age or older from age-based discrimination in employment.
- Applies to hiring, firing, promotions, layoffs, pay, training, benefits, and other employment conditions.
- Covers employers with 20 or more employees, including federal, state, and local governments.
State and Local Laws:
- Some states have laws that extend protections to smaller employers or protect workers under 40.
Older Workers Benefit Protection Act (OWBPA):
- Amends the ADEA to prohibit employers from denying benefits to older workers and sets specific rules for waivers of age discrimination claims (e.g., severance agreements).
MORE ON AGE DISCRIMINATION
Common Examples of Age Discrimination
- Hiring: Rejecting a qualified candidate because they are “too old” or not a “cultural fit.”
- Promotion: Overlooking older employees for advancement in favor of younger colleagues.
- Training: Denying training opportunities to older workers based on assumptions about their learning abilities.
- Layoffs: Targeting older employees during workforce reductions due to higher salaries or age.
- Job Ads: Including phrases like “recent graduates” or “energetic team player,” which may discourage older applicants.
COMPASSIONATE LEGAL SUPPORT FOR AGE DISCRIMINATION MATTERS
Signs of Age Discrimination
- Age-based comments or stereotypes, such as “You’re too old for this” or “You should retire.”
- Sudden negative performance reviews without justification.
- Exclusion from key projects, meetings, or training.
- Being replaced or passed over for younger, less experienced employees.
What To Do If You Experience Age Discrimination
- Document the Incidents: Keep records of discriminatory comments, actions, or policies.
- Report Internally: Follow your company’s grievance process, often through HR.
- File a Complaint:
- Submit a charge to the Equal Employment Opportunity Commission (EEOC) within 180-300 days, depending on state laws. (See our discrimination page for important deadlines with your potential claims)
- Consider state human rights agencies for additional protections.
- Seek Legal Counsel: Consult experienced attorneys in age discrimination cases.