Rights for Workers Over 50 Years Old

Workers over 40 have rights guaranteed by law.

Older workers still worry about age discrimination, though the practice has been prohibited since 1967. According to Equal Employment Opportunity Commission (EEOC) statistics, age discrimination cases reached an all-time high in 2008 and did not fall significantly in 2009.

Protection

The Age Discrimination in Employment Act (ADEA) protects the rights of job applicants and employees age 40 and over. It covers hiring, firing and employment conditions, such as pay, promotions, layoffs and workplace harassment. In 1990, Congress amended the ADEA with the Older Workers Benefit Protection Act (OWBPA), which prevents employers from using higher insurance costs as an excuse to discriminate against older workers.

Compliance

Businesses and other private employers with 20 or more employees must comply with the ADEA. All local, state, and federal government agencies must comply--no matter how many workers the agency employs.

Charge Deadlines

Victims of age discrimination must file a complaint within 180 days of the date the alleged discrimination took place. The filing deadline is extended to 300 days if your state has both a law forbidding age discrimination and a state agency enforcing that law. In the case of federal employees, the complaint must be filed within 45 days.

Charge Process

Contact the EEOC to file a Charge of Discrimination. If a violation is found, the EEOC may try to settle the matter through mediation or work to get a voluntary settlement from your employer. If these steps fail, they will refer the case to their legal staff who will decide whether or not to sue. If the EEOC finds no violation of the law or chooses not to file a suit, you still have the right to bring a lawsuit against your employer. As with filing deadlines, federal employees follow a somewhat different charge process which requires them to first contact an EEO Counselor.

References

• U.S. Equal Employment Opportunity Commission: Charge Statistics
• U.S. Equal Employment Opportunity Commission: Laws, Regulations & Guidance: Types of Discrimination: Age Discrimination
• U.S. Equal Employment Opportunity Commission: Facts About Age Discrimination
• U.S. Equal Employment Opportunity Commission: Employees & Applicants: Time Limits for Filing a Charge