What does age discrimination look like?

On Behalf of | Aug 28, 2014 | Age Discrimination |

Obtaining or maintaining a position at any age can be a momentous event for any employee in Minnesota and states across the nation. Due to the improving economy, some residents do not struggle trying to find adequate employment. While it might be easier to find a job these days, there are still hurdles and pitfalls when trying to find a well-paying job. For some, the individual’s age might deter them from applying for some positions, but age should never be a factor in an employer’s decision to hire or fire an employee. Age discrimination is a form of employment discrimination that not only prevents some potential employees from receiving a job, but it could also lead to wrongful termination.

In order to understand whether an individual is a victim of age discrimination, it is important to understand what forms this type of discrimination could take. First, age discrimination should be defined. While it is often described as treating either an applicant or an employee unfairly or less favorably due to their age, the Age Discrimination in Employment Act (ADEA) disallows discrimination against those individuals who are 40-years-old or older. This means that the Act does not cover those who are younger than 40. However, some states have implemented legislation aimed at protecting those under the age of 40 from discrimination as well.

The laws against age discrimination include all aspects of employment. This means it forbids discrimination during hiring, firing, salary considerations, workload, promotions, training, layoffs, benefits and other aspects in the work environment. Furthermore, it also includes harassment. If offensive remarks are made regarding an employee’s age, they could fall under the category of age discrimination.

When an applicant or current employee is discriminated against due to his or her age, he or she could suffer damages. Whether it is emotional, financial or other related damages, an individual can be seriously harmed. Fortunately, these individuals can file a cause of action to recover compensation for the damages and losses they suffered.

While some forms of discrimination can be difficult to pinpoint and detect, any applicant or employee who believes he or she is being discriminated against because of their age should speak out about his or her concerns. This could help him or her gain insight about his or her situation and provide him or her with the information needed to take action.

Source: Equal Employment Opportunity Commission, “Age Discrimination,” accessed on Aug. 25, 2014

Source: Equal Employment Opportunity Commission, “Age Discrimination,” accessed on Aug. 25, 2014