Age discrimination is prohibited under the Age Discrimination in Employment Act (“ADEA”) and also pursuant to many state statutes. Many workers over the age of 40 find themselves being discriminated against and having their careers cut short despite many years of loyalty and hard work for their employers. Companies often shamelessly terminate older workers in favor of younger employees simply because of their age. These age-based terminations come disguised as downsizing, reductions in force, reorganizations, and layoffs. Such practices based upon age are illegal and give rise to legal claims of age discrimination.
The ADEA specifically provides that it is unlawful for a covered employer to:
- to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;
- to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or
- to reduce the wage rate of any employee in order to comply with the ADEA.
It is also unlawful for an employer to create a hostile work environment on the basis of age or to retaliate against an employee for opposing an ADEA violation, filing an ADEA charge, or otherwise participating in enforcement of the ADEA.
Age discrimination can be overt but can also be subtle. If you believe you are being, or have been, discriminated against because of your age, contact the law firm of Henrichsen Law Group, P.L.L.C. immediately for a consultation.
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