Our compassionate legal professionals understand that as workers get older, they often worry about age discrimination in the workplace. Although many people work for most of their life with the goal of one day retiring, economic conditions have forced more and more people to remain in the workforce into their 60’s and 70’s.
Unfortunately, senior employees sometimes face discrimination at work because their employers or coworkers believe their production and contributions to the company will decline since they are older than other people in the workplace. If you have experienced age discrimination at work and want to take legal action, then please get in touch with the premier attorneys at Sanford Heisler Sharp so we can defend your best interests.
Am I Protected From Age Discrimination?
Under the Age Discrimination Employment Act (ADEA), employees over the age of 40 are protected from being discriminated against because of their age when it comes to any terms, conditions, or privileges of employment. This includes hiring, firing, promotion, job assignments, and training.
Common Examples of Age Discrimination?
Age discrimination can take many forms. Some forms of age discrimination are subtle while others are blatant.
Common examples of age discrimination include:
- Employers or coworkers stereotyping you because you are older than other employees. This can include failing to give you favorable assignments because they assume you are out of touch, unfamiliar with new technologies, or incapable of meeting the physical demands of the job.
- Poor performance reviews even though you have the same strong work habits as when you were younger.
- Younger employees are given preferential treatment, such as always getting the best assignments, promotions, or equipment, despite the experience and qualifications of senior employees.
- Harassment and other actions that are intended to make work-life more difficult and force you to quit.
FAQ: Age Discrimination
Question #1: Are all employers covered by the ADEA?
A: Although the ADEA applies to employers with 20 or more employees, many states have enacted similar laws that cover employers with fewer employees.
Question #2: What is the Older Workers Benefit Protection Act?
A: The Older Workers Benefit Protection Act (OWBPA) clarifies prohibitions in ADEA and establishes specific requirements for waiving the right to bring action against the employer as part of the terms of a severance agreement. The OWBPA requires that waivers be "knowing and voluntary" to ensure that an employee has a legitimate opportunity to make an informed choice about the terms of the severance agreement.
Question #3: What is a bona fide occupational qualification (BFOQ)?
A: Under the ADEA, employers can institute age limits if they claim that a bona fide occupational qualification (BFOQ) applies to the position. The employer must prove that the age limit is reasonably necessary to the essence of the business.
Legal Expertise You Can Rely On
We know that older employees facing discrimination because of their age struggle to find gainful employment and have to deal with questionable work conditions. That is why we are here to use our cutting-edge resources and extensive legal knowledge to help clients secure substantial financial compensation and hold their employers accountable for their actions.