Common Examples Of Age Discrimination At Work
Age discrimination is a phenomenon where an employee is disadvantaged as a result of their age. For those who are aged 40 or older, the Age Discrimination in Employment Act (ADEA) provides protections. There are even some states that provide protections for younger workers. If you believe that you are being discriminated against because of your age, the first thing you should do is contact an employment lawyer.
Forms of Discrimination
Any employer can potentially be responsible for age discrimination. For example, if your employer is older than you, this will not protect them from accusations of age discrimination. You can be discriminated against in all sorts of ways, including:
- Hiring
- Firing
- Promotions
- Raises
If you can prove that you were discriminated against in any of these ways, you might be entitled to file a lawsuit to remedy your situation. For example, you may believe that you were not hired because of your age. Additionally, you may suspect that you did not receive a raise when you should have or that you were passed up for a promotion. All of this can be seen as a justification to take legal action.
Harassment
You also cannot be harassed for your age. Before pursuing legal action over harassment, you will want to speak with an employment lawyer. Teasing is often not considered enough to constitute harassment. Anyone who works at your company can be accused of harassment. Not only that, but you may also be able to take legal action against customers and clients.
If you believe that you are discriminated against, make sure to write down all of the incidents that you believe are proof that you are facing discrimination. If there are any individuals who you believe have witnessed the acts of discrimination, make sure to write down their names and contact information. Ask them if they would like to serve as witnesses and also ask them to write down what they saw.
Common Defenses
Bona fide occupational requirements are one justification for barring someone from a position for being too old. For example, if there is reason to believe that you cannot safely perform your job at your age, you may need to work to prove that the age cap is unnecessary.
The employer may argue that there are other reasonable justifications for not hiring you such as if you would require years of training. Regardless of the reason, you may be able to challenge it with the help of an employment attorney. Contact an employment attorney for more information.