Age discrimination involves treating someone (an applicant or employee) less favorably because of his or her age. This is true in both hiring and employing.
If you can do the job your age should not prohibit you from obtaining or keeping a job. If your employer is treating you bad or fired you because you are over 40 years of age then you may have a claim for age discrimination.
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40. It is not illegal for an employer to favor an older worker over a younger one, even if both workers are age 40 or older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
Signs of Age Discrimination in the Workplace
Believe it or not, age discrimination still occurs in the workplace. Here are a few signs that you may be experiencing discrimination based on your age:
- Superior Treatment of Younger Employees: If you’ve observed that the younger employees in your company are consistently treated before than the older employees, it may be a cause for concern. For instance, you may notice that younger workers are always promoted instead of older workers, despite not having as much experience or skills.
- Favoritism: Do you notice that the younger employees in your company are given the best equipment or the best tasks to do? Or do the younger workers get invited to important meetings while older workers get excluded? If so, your employer may be engaging in discriminatory practices.
- Remarks About Age: Even if they are said in a jokingly manner, frequent remarks about your age in the workplace can be concerning. For instance, if your supervisor or coworkers comment about how slow you walk or when you plan on retiring, it may be concerning.
- Frequent Negative Performance Reviews: Performance reviews give employers a chance to provide constructive criticism for their employees. If you’ve always received excellent reviews and suddenly start receiving poor reviews, your boss could be trying to get rid of you because of your age.
What to Do If You’re Being Discriminated Against for Your Age
If you believe you are the victim of age discrimination at your job, you can take action. Here are the steps you should follow:
- File an Administrative Complaint: The first thing you must do is file an administrative complaint with the Equal Employment Opportunity Commission (EEOC). The agency will investigate your claim and determine if you have the right to sue your employer for discrimination.
- File a Lawsuit: If the EEOC determines that you have grounds to sue your employer, you have 90 days to file a lawsuit in court. The lawsuit will explain the basis of your discrimination and the damages you’re seeking.
- Hire a Lawyer: An age discrimination lawsuit can include many complexities and be quite stressful. That is why it is important to have a skilled lawyer on your side. He or she can guide you through the entire process and improve your chances of a successful outcome.
If you are facing age discrimination, you should schedule a consultation with a reputable lawyer at the office of Roger Davie P.C. today.