Bob’s company is suddenly laying off workers who are 50 years old or older despite their stellar employee performance reviews and replacing them with recent college graduates. Bob will be turning 50 next week and is a little nervous about his future with the company.
Janet knew she aced the interview and was more qualified than her younger competitors. However, she did not get the job. She felt the 30-year-old interviewer was analyzing every wrinkle on her face and counting every gray hair sprouting from her head to disqualify her from the job offer. Are the individuals in our scenarios victims of age discrimination? They could be.
According to the Bureau of Labor Statistics, 58% of adults believe age discrimination for older workers happens around the age of 50 while 64% of employees say they have witnessed or experienced age discrimination in the workplace. Indeed, there are corporate environments that hire young managers with a primary task of weeding out older workers or, at least, making work life so uncomfortable they pack their own bags and leave. However, older workers should know their rights and think twice before handing over their keys and exiting the building.
You do not necessarily have to leave the company before filing a discrimination complaint with the US Equal Employment Opportunity Commission (EEOC). You can file a charge of discrimination while still employed by the company. A qualified attorney can answer your questions and help you understand the best options for your case. Older workers need to remember there is a federal law that protects them, called the Age Discrimination in Employment Act (ADEA).
ADEA is a federal law enacted in 1967 that protects older workers against age discrimination in the workplace. Employment should be based on ability rather than age. Older workers can view www.eeoc.gov/facts/age.html to learn more about the facts of ADEA and how the law can help them in their fight against age discrimination. According to recent data from the EEOC, many older workers have filed and resolved complaints under ADEA.
Often older workers are subject to age harassment aimed at removing them from their positions with a forced retirement. As a result, younger candidates will move into those vacated positions. Older workers may also experience position based discrimination. This happens when older workers do not get a promotion and younger employees with less experience get the promotion at a lesser compensation or salary.
In order to establish age discrimination under the ADEA, one must demonstrate the following:
- Must be between the ages of 40 and 70
- Exposed to adverse employment actions
- Replaced by a younger individual
- Qualified to perform the task or job
Under Federal & New York State laws, discrimination occurs when you are treated differently in a way that causes an adverse impact to you, based on your race, gender, age, disability, religion, national origin, political, affiliation or belief, genetics, arrest and conviction record, marital status, genetic, predisposition and carrier status, veteran status, sexual orientation, or retaliation.
If you believe you are a victim of age discrimination or feel an employer has violated your rights, please contact the Law Offices of Joseph & Norinsberg. Their lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at firstname.lastname@example.org for a free initial consultation.