Wrongful Termination & Age Discrimination

Age discrimination occurs when a job applicant or an employee receives less favorable treatment because of their age. Federal and state laws prohibit age discrimination in the workplace. The law allows a person to file an age discrimination claim under federal and state law.

Federal Regulation

The Age Discrimination in Employment Act (ADEA) prohibits an employer from discriminating against employees and applicants age 40 and older. The law does not prohibit an employer from preferring an older worker instead of a younger worker, even if both workers are over age 40.

Coverage

The ADEA applies to employers with 20 or more employees. Employers covered under the act include federal, state and local governments, labor organizations and employment agencies.

Discrimination

The ADEA applies to employment decisions related to hiring, firing, compensation, layoffs, promotions, training and fringe benefits. A policy that appears neutral may be discriminatory if not based on reasonable factors other than age and if it negatively affects workers age 40 and older.

Harassment

The ADEA prohibits age-based harassment. It is illegal to make age-based harassing remarks that create a hostile or offensive work environment or that result in an adverse employment decision. The law prohibits harassment by not just supervisors, but also co-workers and even people not employed by the company.

References

• U.S. Equal Opportunity Commission: Age Discrimination
• U.S. Equal Opportunity Commission: Facts About Age Discrimination