(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 older person, there are some essential rules you need to know regarding these rules to protect yourself from age discrimination in the workplace.
Illegal at Any Age
Age discrimination doesn’t only apply to individuals who’re 40 years and above; age discrimination is unlawful at any age. Age discrimination involves giving more preference to specific age groups when it comes to salary raises, hiring, and promotions. No employer has the legal right to consider age as a factor to offer more benefits to his employees.
20 + Employees
The ADEA is applicable if the employer has a minimum of 20 employees, and some states provide more protection to its employees who are stronger than ADEA. Prohibited is mandatory retirement, 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. Employers will always ask for such information, but this information should only be for reference.
Difficult to Prove
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. Age discrimination requires more solid proof 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 the lower ages of 30-40.
Women are Age Discriminated Against More than Men
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. People are not hired due to their age, while other people are even fired entirely due to their age.
Age discrimination is unlawful, and if you’re a victim, you can take action against your employer. If you have been discriminated against, 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 a 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, success 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 constitutes age discrimination.
Forms Of Age Discrimination
Sometimes when employers don’t want to fire you because they know they’ll face the law can try to discriminate you verbally so that you will quit. They can try to funny jokes that will hurt you and make you leave 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 a hiring process. Some employers and companies want to hire only young workers, but it’s considered a form of age discrimination.
Age Discrimination in The Workplace
Age discrimination is a serious problem faced by many people in the workplace. 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 actions against your employer. If you’re facing age discrimination in the workplace, call us now at Massey & Duffy for a free consultation.