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Age discrimination in the workplace can happen to the young or the old. However, federal law only protects older workers. You may be discriminated against or harassed for being too old or too young, but it’s important to know what the current law says and how to recognize discrimination to determine if you have a case.
Age discrimination includes harassment as well as any other instances during the application process or once you’re an employee in which you are treated differently because of your age. For instance, employers are barred from running job notices or advertisements with age limitations, specifications or preferences. Some other examples of age discrimination on the job include:
There are some exceptions to the above list. For example, you may be forced to retire once you reach age 65 in some occupations as long as you will receive a pension of $44,000 or more each year.
It can be disguised by saying you have too much experience for a certain job or that you made too much money in a previous position. Another expression that may actually be age discrimination is firing someone due to “performance issues” when they’ve worked at a company for years and there was no noticeable change in performance.
If you feel you are being discriminated against because of your age before you are fired, you should keep notes of what happened and when. Contact a lawyer before you lose your job. These measures, taken before firing, can assist with your case.
Proving you weren’t hired due to age discrimination is also difficult, but it can be done. In 2015, the EEOC sued the Pennsylvania Office of Open Records for age discrimination. The lawsuit states that the potential employer told an interviewing employee, Joseph Bednarik, they were concerned he wouldn’t have a long tenure with the agency because he had already been working for the Commonwealth of Pennsylvania for 17 years and could be nearing retirement.
The ruling on this case, and others like it, could provide more legal pathways for employees to bring their cases forward. Your lawyer will know more about the laws in your state and which career fields have exemptions. Give them a call to determine if your employer may have broken the law or not.
Current federal age discrimination laws only protect individuals who are 40 years of age or older. Some states have passed laws to protect younger workers, too.
Employers have to comply with the Age Discrimination in Employment Act (ADEA) if they have 20 or more regular employees. However, some states may have laws that require less than 20 employees in order to file a case at the state or local court level. For example, Pennsylvania only requires an employer to have 4 employees to be liable under the ADEA so employees can file a discrimination claim. The ADEA protects job applicants as well as employees.
Contact
If you’ve been discriminated against because of your age, you should contact a lawyer to see what protections exist. Call Weisberg Cummings, P.C., at (855) 716-2367 for a free consultation.
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