In the United States law prohibits discrimination against a certain individual because of their age. The federal Age Discrimination in Employment (ADEA) act makes sure that employers do not discriminate against employees because of their age. Which means, employees over a certain age have protection from an employee deciding they are “too old” for the job.
Employees aged 40 and above are protected under the ADEA and it is related to all terms of employment. However, the act only applies to organizations that employ 20 or more people. These include private companies, employment agencies and even state governments. The law act states that the employer may not hire, fire, lay off, promote or train employees based on their age alone. Any act that is unreasonable and harms the morale of employees above the age of 40 can be judged as discriminatory.
However, there are some exceptions to the ADEA for companies that employ less than 20 people. They may have certain age restrictions in their hiring procedures provided that there is a legitimate reason. In case workers over a certain age may not be able to perform the task, an age restriction may be introduced. An example is that of physical work that may be difficult for people over a certain age. On the other hand, the law clearly states that age cannot be used as a reason to deny benefits. If an employee deserves certain benefits that go with their duties, the employer must provide those benefits regardless of age.
Sometimes employers find reasons to get rid of an employee, and age may be one of those reasons. If you feel that your employer is violating your rights because of age, it is advisable to contact an experienced employment attorney. The attorney will help you fight your case and might be able to help you get compensation.
