AGE DISCRIMINATION

The Problem

It is not uncommon to hear people talk about the “graying” of America.  By 2022, more than one-third of the American workforce will be over the age of 50.

In this context, age discrimination is increasing.  

Remedies

The Age Discrimination in Employment Act prohibits discrimination against workers over age 40 because of age.  To pursue a claim for age discrimination, a person must show that he or she

  1. is over age 40,
  2. is qualified for the position,
  3. suffered an adverse employment action, and
  4. a younger person was favored, or the employee was otherwise discriminated against. 

Many times, discrimination comes in the form of ageist remarks, such as “we need race horses, not plow horses” or  references to the employee as “old,” “decrepit,” “foggy,” or “slow”  Sometimes, an employee is repeatedly asked about retirement plans. In other cases, an employee is harassed because of age.  Older employees can be excluded from events in favor of younger employees.

Moving Forward

If you believe you have been discriminated against because of your age and you want help, contact us by clicking Tell Us About Your Problem and filling in the questionnaire.