About Age Based Discrimination in the Workplace
As baby boomers continue to age, age discrimination in the workplace has become a growing problem. Age discrimination in employment is expressly prohibited by federal law, as well as by the laws of many states. Nevertheless, such discrimination occurs in many forms, ranging from refusals to hire to denied promotions to terminations. Proving such discrimination is difficult, but the successful plaintiff receives significant legal remedies.
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History of
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In 1967, the United States Congress enacted the Age Discrimination in Employment Act (ADEA). The legislation was deemed necessary because of growing patterns of animus and discrimination against older employees in the workplace. The Act prohibits employers from terminating, refusing to hire, or taking other adverse employment action against workers on the basis of age. Many state legislatures have also enacted legislation that prohibits age discrimination in the workplace.
Identification
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The ADEA does not protect all workers from discrimination on the basis of age. Only workers aged 40 and older are protected. Younger workers are not protected. The Act also applies to employers of only certain sizes. The employer must employee 20 or more employees during each working day of twenty or more weeks in the current or preceding calendar year.
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Function
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Under the Act, an older worker can prove unlawful age discrimination by one of two methods. The employee can present direct evidence of discrimination, such as a verbal or written statement by the employer that the action is due to age. Absent such direct evidence, the employee proceeds by presenting circumstantial evidence, at which point the employer is obligated to articulate a non-discriminatory explanation for the challenged action. The employee then must prove that the reason offered by the employer is unworthy of belief.
Misconceptions
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The ADEA does not prohibit an employer from taking any adverse action against an older worker. It simply prohibits adverse action due to discriminatory motives. An employer may, for example, terminate an employee where the employee can no longer perform genuine job requirements. Moreover, adverse employment action can be taken for any legitimate, non-discriminatory reason. Poor performance, insubordination, and violation of work place rules are commonly identified legitimate reasons.
Effects
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When proven, age discrimination produces several benefits, or legal remedies, for the victim. The effected employee recovers back-pay, or compensation for all earnings lost from the time of the discriminatory action to the time the action is filed. If the employee remains unemployed, or if damages otherwise continue into the future, an award of front pay is also possible. The successful plaintiff is also rewarded litigation expenses, including attorney's fees, incurred in bringing the action. Additional damages, known as liquidated damages, are recoverable in cases of willful discrimination.
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