ADEA (Age Discrimination in Employment act) has prohibited age discrimination among workers that are over the age of 40 years, most people, however, don’t fully understand how ADEA rule work. As an elderly person, there are some important rules you need to understand regarding this rules so as to protect yourself from age discrimination in the workplace.
As a matter of fact, age discrimination doesn’t only apply to individuals who’re 40 years and above, age discrimination is illegal at any age. Age discrimination involves giving more preference to certain age group when it comes to salary raises, hiring and promotions. No employer has the legal rights to consider age as a factor to offer more benefits to his employees.
The ADEA is applicable if the employer has a minimum of 20 employees and some states offer more protection to its employees which are stronger than ADEA. Mandatory retirement is also prohibited but with only a few exceptions. There is nothing wrong if an employer asks for your age or graduation year as along he’s is not going to consider your age during the hiring process. Most of the time employers will always ask for such info but such info should only be used for reference.
Based on the ruling by the Supreme Court in 2009 it’s difficult for employees who have gone through age discrimination to win their case in court. This is because age discrimination requires more solid proofs than other forms of discrimination. The Supreme Court has a harsh law on age discrimination victims by allowing employers to exercise some form of age discrimination.
Research shows that 8 out of 10 of people who’re above the age of 50 want Congress to create better laws that prevent discrimination at the workplace. To most people age discrimination starts at the age of 50, AARP research shows that most people that face age discrimination are between the ages of 45-74 years. Sometimes it can even happen at lower ages of 30-40.
Women face more age discrimination than men, 72% of women who’re between the ages of 45-74 have noticed age discrimination while for men it’s only 57%. The most common age discrimination occurs when it comes to hiring, most older people are not hired due to their age, while some are neglected when it comes to promotion and some are even fired completely due to their age.
Age discrimination is illegal and if you’re a victim you can take action against your employer. If you’ve been discriminated the first thing you want to do is to file a report at EEOC (Equal Employment Opportunity Commission). You can also work with an attorney to file a lawsuit for you. But before you go through all these processes, you should first talk to your employer about your situation to see if he can fix things or if your company has grievance system you should go through that.
Proving age discrimination isn’t easy and you’re going to spend a significant amount of money and still, victory isn’t guaranteed. Last year alone there are over 20,857 cases of age discrimination which is received by EEOC, about 20% of discrimination in the workplace constitute age discrimination.
Forms Of Age Discrimination
Sometimes when employers don’t want to fire you because they know they’ll face the law they can try to discriminate you verbally so that you can quit the job by yourself, they can try to funny jokes that will hurt you and make you quit on your own, it can be calling you names you don’t want that relate to your age. Employers know it’s easier to make you quit than for them to fire you and get into trouble, all these are a form of discrimination.
Hiring Only Young Employees
When a company only gives attention to a young person’s it’s a sign of age discrimination and there is the need to report such hiring process. Most of the times employers and companies want to hire only young workers, but it’s considered a form of age discrimination.
Age discrimination is a serious problem faced by a lot of people in the workplace, and most of the time the victims remain silent because they don’t know the right steps to take if you’re a victim of age discrimination you should take the right steps against your employer. If you’re facing age discrimination in the workplace call us now at Massey & Duffy for a free consultation.