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While age discrimination in the workplace is unlawful, it still occurs in many companies across the country. If you are over the age of 40 and suspect you’re being treated less fairly because of it, read on to learn what you need to know about claims of age discrimination at work.
The Age Discrimination in Employment Act (ADEA)
In 1967, the federal government passed a law prohibiting employers from discriminating against workers over the age of 40 in any term, condition, or privilege of their employment. This law protects individuals over 40 with respect to recruitment, hiring, firing, pay raises, promotions, job assignments, benefits, and layoffs.
The ADEA does allow federal agencies to favor older workers based on their age, even if that favor adversely affects a younger worker who is still over 40.
The ADEA and Job Postings
The ADEA generally prohibits employers from posting age preferences in their job listings if those preferences suggest they’re looking for someone younger. Broadly speaking, employers cannot specify that they’re looking for applicants between the ages of 21 and 30.
The law does, however, allow employers to indicate a preference for older applicants. Employers are allowed to post job listings looking for retirees or those over the age of 60, for example.
Workplace Harassment
Per the terms of the ADEA, harassing or looking down on employees on the basis of their age is forbidden. If you are over 40 and someone at work makes persistent derogatory remarks based on your age, talk to your boss; failing that, go to your human resources department.
If nobody at work is willing to listen to you when your work environment has grown hostile, speak to an employment law attorney about next steps.
Workplace Retaliation
If you take action against workplace practices that violate the ADEA and suddenly find yourself demoted or fired, let your attorney know. Assuming you are a qualified employee whose work is good enough to meet your employer’s expectations, you may have a case for age discrimination.
The BFOQ Defense
Should you and your attorney decide to take your employer to court, be aware that your employer may use a defense called BFOQ, or bona fide occupational qualification.
Their attorney may argue that age is a necessary job qualification in some cases, and that your older age genuinely prevented you from performing your job adequately. Mandatory age limitations are often in place in jobs with higher safety concerns—for example, pilots do have a mandatory retirement age.
If you’re a worker over 40 and suspect you’re a victim of age discrimination, you need to know what the law says before you file a claim. Partner with an employment attorney at Rossman Law Group and tell them your story; our attorneys offer free legal consultations for anyone in need of first-rate legal advice.
