What is Age Discrimination?
These days, many people are becoming more aware of discrimination in the workplace. Age discrimination is a form of discrimination that many people don’t realize happens. It can be difficult and frustrating for those who have lost their job after 40, or in other industries, to search for a new job. If you are in this situation, contact an age discrimination attorney. This pervasive problem is protected by laws that protect both employees and job-seekers. It should be noted that while age discrimination may be more common during the hiring process it can also take on the form of workplace harassment for an employee.
Age Discrimination in Employment Act (ADEA), was created to be applicable in the following circumstances: local and state governments, federal government, employment agencies. Business that employs over 20 employees. Labor organizations that employ more than 25 people. The ADEA does NOT apply to military personnel, independent contractors, or people who have been elected to public office.
It is not uncommon for employers to state in job postings that they are looking for recent college graduates for a position. However, this statement raises concerns about ADEA compliance. Businesses asking for graduation dates and birthdays could also be violating the law. For those who feel they may have been discriminated against in one of the above situations, consulting with an employment discrimination attorney who works in this arena can shed light on the legality of a specific scenario. Some employers have used training programs that have certain age restrictions in the past to circumvent the legal system. This type of discrimination is not allowed under the ADEA.
Your employer cannot make demands about when you should retire unless you are an airline pilot, or in another industry that requires you to retire at a specific age. Also, employees and whistleblowers cannot be penalized for bringing a company’s age discrimination to the attention of government officials.
Another area of concern is job benefits and age discrimination. Employers cannot reduce your benefits because of your age. The ADEA clearly states employers must spend the same amount as younger workers on older workers. The ADEA is designed to protect workers over 40.
What Am I Covered by the ADEA?
It can be difficult for an organization to prove age discrimination. It is necessary to provide evidence that a company was guilty of not hiring or terminating older workers. It can be difficult to find the right information in these cases. However, an experienced age discrimination lawyer will tell you that these types of events are not often isolated. An entire department with mainly older workers may have been fired. This could be because the company has a history of using layoffs as a reason to terminate the employment of workers over 40. In a matter of months, they may repeat the same strategy. You can quickly identify patterns in a company by working with an attorney who specializes in age discrimination.
People don’t realize that being promoted may be covered by the ADEA even if your age is a determining factor. Older supervisors might show favoritism towards younger employees, as they may believe older subordinates will challenge their authority or attempt to take over their jobs. You may be able to file a case for age discrimination if your supervisor makes frequent comments about you and other employees.
What do the statistics say about age discrimination?
Although the ADEA was passed 50 years ago, discrimination against older workers is still a problem in many workplaces. These trends are becoming more apparent as a result of an aging workforce, with 20% of American workers aged 55 and older. Almost all U.S. workers have experienced age discrimination. This becomes a problem for workers in their 50s, according to more than half of Americans. Many of the signs of age discrimination can be so subtle that older workers may not even notice them. You might notice that others suddenly forget to invite you to meetings. Or, they may discover that they are the only one in your department to not have received an incremental raise or small bonus.
Over 90% of adult witnesses to age discrimination have stated that they have seen it. It’s easy to understand why people are seeking out age discrimination lawyers who have dealt with complex cases like this one, given the 2009 Supreme Court ruling that made it more difficult to prove age-discrimination.
Do I need an age discrimination lawyer?
Age discrimination cases can be more complex than others, but that doesn’t mean you have to give up on your pursuit of justice. Talking to an attorney who regularly handles these types of cases can help you determine if your case is a good one. The Equal Employment Opportunity Commission reported record numbers of age-related complaints over the past decade, which shows that older workers are taking action when they see injustice at work.
Employers are now skilled in hiding age discrimination. Some employers are better at hiding age discrimination. You will need to keep any email or voicemail messages detailing discrimination at work. It is also a good idea to keep the contact information for witnesses safe. You don’t want to risk your future when the stakes are so high.
Working with an attorney who specializes in age discrimination may reveal that your former employer or employer would prefer to settle a valid case of age discrimination with the client than going to court. Many corporations don’t want their names being dragged through the mud. A case of age discrimination can be a major story in today’s age of social media. Many Americans can sympathize with older workers and identify with their situation. An age discrimination lawyer will help you make the settlement process simple and efficient in such cases. Employees who are subject to age discrimination now have many options. These options can be more powerful than you could ever imagine.