Age Discrimination in the Workplace
Our lifestyles have vastly improved over the centuries. The time when a 40 year old was considered old is long gone. Nowadays with science and medicine playing its part we have got people easily crossing 100 with a smile on those glowing faces. But sadly, in certain workplace environments, employees face discrimination because of their age. The reason for the discrimination, although certainly unjustified, is that employers have a misconception that older employees are not as reliable or as motivated. Every individual should be judged be their own merits and acts and not by society’s prejudice due to age.
There are many people who face such discrimination, but there are many more who have proved their critics wrong. Be it any field corporate, media, law, politics, entertainment or even physically demanding disciplines such as the military or sports you fill wind many aged individuals who have shown that age is nothing but a number and has no relation to one’s performance.
Top corporate understand this and the law, in most fields, puts no restrictions on an employee’s age, but on the contrary emphasizes the value of experience.
Indeed, in our American society, and with the reduction of entitlements and healthcare costs, employees are evermore required to work through their retirement, or not retire at all. The anti-age discrimination act, otherwise known as the ADEA is used to give older workers an level ground for competing in the market place. The ADEA does not give special privileges to older workers, it simple prevents discrimination towards older workers.
The Age Discrimination in Employment Act or ‘ADEA’ was introduced in 1967 for the sole purpose of safeguarding the interests of individuals suffering age discrimination. This age discrimination law prohibits employers from unfairness towards applicants and employees aged 40 and above for any act involving employee hire & recruitment, promotions, compensation, firing & discharge or any other related term, conditionality and privilege.
Grounds for appeal
To file a lawsuit against any employer subjecting to methods which invoke discrimination on the basis of age, there are certain age discrimination requirements which need to be kept in mind.
ADEA is applicable to all individual aged 40 and above who are
- Currently working with an organization or corporate firm,
- An applicant has been refused an employment position without being given a sound unbiased reasoning
- Are enrolled by an agency.
It does not apply to
- Positions within the armed forces, Federal Government (other laws may apply to this type of discrimination)
- Bona Fide executives or policymakers
- Unpaid volunteers
- People below the required age of 40 (unless a State Law applies)
On facing harassment, which includes frequent and offensive remarks about a person’s age, which creates a hostile and negative work environment are situations for appeal. A gentle reminder to be remembered is that simple teasing, off handed commenting or light one – off / isolated incidents are not grounds for appeal.
Upon filing a case under the ADEA act you are eligible to recover damages in age discrimination cases. Damages which can be claimed such as Backpay (involves pay lost or not received due to age discrimination), Compensatory and liquidated damages. Damage recovery, compensation, fair treatment and getting due respect are just some of the age discrimination lawsuit trends.
Any person who is facing harassment by any entity or individual (s) regardless of their age, which has a negative impact and is not based on RFOA (reasonable factor other than age), should file a charge on grounds of age discrimination with the EEOC (Equal Employment Opportunity Commission).
The type of attorney that specializes in employment discrimination law, including age discrimination is known as an employment law attorney. Maurice Arcadier from Arcadier, Biggie, and Wood, is board certified in employment law with 20+ years of experience representing clients throughout Florida