What Constitutes Age Discrimination?
In social settings, you might tease a friend about his age. However, jokes like this in the office may be considered age discrimination.
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Definition
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The United States Equal Employment Opportunity Commission defines age discrimination as an employer who treats an employee or potential employee unfavorably because she is over age 40. The Age Discrimination in Employment Act considers age discrimination only for people over age 40, but some states have laws protecting workers under age 40.
Discrimination
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Age discrimination prohibits employers from favoring or not favoring employees for promotions, raises, assignments or other benefits because of their age. This law prohibits employees of being fired or hired for reasons that are related to age. An employee cannot legally be passed over for a promotion or new job based on his age.
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Considerations
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The Equal Employment Opportunity Commission prohibits discrimination in the workplace not only related to age but to race, religion, sex, politics and disabilities. Consequences for any form of discrimination in the workplace can result in severe punishment for the discriminator, including termination. Age discrimination and any other type of discrimination is not limited to employees of a company but includes applicants and clients.
Misconceptions
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According to the United States Equal Employment Opportunity Commission, it is perfectly legal to favor an older employee over a younger employee. Even if two employees are both over the age of 40, it is not considered illegal for an employer to favor the older employee over the younger one.
Harassment
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It is illegal to harass an employee for her age, no matter what the age. Some teasing, offhand remarks and other non-offensive comments regarding age are not considered harassment. Age harassment consists of offensive remarks that create a less than inviting work environment. Supervisors, colleagues, clients and customers all must avoid such harassment.
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References
- Photo Credit offices image by Colin Buckland from Fotolia.com
