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Age discrimination in the Workplace

Age discrimination involves any aspect of treating an employee or job applicant less favorably solely because of their age. This can mean an employer unfairly dismissing, disciplining, demeaning or outing an employee solely based on their age. This can also mean giving benefits to certain employees that are now awarded to other employees solely because they are younger.

Under the Age Discrimination in Employment Act of 1967 (ADEA), it is illegal for any employer in the United States to discriminate against any individual on the basis of age. This federal act covers all applicants and employees aged 40 years and older.

The Age Discrimination Act of 1975 applies to all ages and further prohibits discrimination on the basis of age for all agencies, programs, organizations, businesses and activities that receive federal financial assistance under:

It is against the law for any employer to discriminate an applicant or employee on the basis of age for any aspect of employment, whether it is in hiring, firing, assigning job responsibilities or wages, awarding of promotions, layoffs, training, fringe benefits or any other contracted term or condition of employment. If an employer enacts a company policy that adversely and inordinately affects people over the age of 40, this too is unlawful.

It is also illegal for any employer to harass an applicant or employee due to their age. Harassment can include making offensive comments about an employee’s age, to the extent that the comments create a hostile or offensive work environment, or so far as the comments result in an employment decision such as being fired or demoted in their position.

Have you been subject to age discrimination?

Anybody may file a complaint with the Department of Labor’s Civil Rights Center if they believe that they have been unfairly discriminated against because of their age. Further, it is a legal requirement that all employers must notify customers, applicants, employees and members of the public about their rights under federal law regarding age discrimination.

However, filing a complaint is a complicated task that involves many steps. It is not recommended to go about the process alone, but rather with experienced discrimination professionals who understand the nuances of the complaint process and can guarantee a better chance of a successful result.

There are many different reasons you may wish to file a complaint on the basis of age discrimination. Maybe you were fired because you were “too old” to fulfill work duties that you have successfully handled for years, or were first in line for a round of layoffs because you were seen as “expendable” due to your age, or because you lost certain benefits as you grew older in your job.

Any of these examples, and many more, can be the grounds for a successful discrimination complaint or a successful discrimination lawsuit, but you will need competent, experienced legal guidance to gather the facts of your case and present them in a way that will better your chances of a successful claim.

Let us handle your discrimination case

As with any matter involving complex legal language and processes, it always helps to have a dedicated team of professionals on your side. There are even separate rules that apply to class-action complaints and complaints filed through local unions, which can be further explained with appropriate legal counsel.

Discrimination on the basis of age can happen to anybody at any place of employment, and it is detrimental to a healthy, productive work environment. Aside from filing a formal complaint, pursuing legal action against a discriminatory policy or employer is a powerful tool that can be used to even the playing field.

If you have been unfairly discriminated against at work because of your age, then it is important to know your rights and various methods of action that you may take. Always remember that the law is on your side if you are able to show that you have been negatively impacted by a discriminatory act from an employer.

Enlist the help of Altman & Altman LLP today to help with your discrimination case. We have over 40 years of experience litigating a wide range of discrimination cases, and will use our resources to help you achieve the desired result. Call us for a free consultation today at 617.492.3000 or toll-free at 800.481.6199. We are available 24/7.

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