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Understanding the Age Discrimination in Employment Act

| Jan 7, 2021 | Employee Rights |

The Age Discrimination in Employment Act (ADEA) was enacted in 1967 and it is designed to protect job seekers and employees who are over the age of 40. It recognizes the fact that older workers can sometimes be subjected to discrimination in the workplace, which can lead to unemployment, the prevention of career progression or a hostile work environment.

If you are 40 years of age or older, you may have reason to believe that you have experienced age-related discrimination in the workplace. If this is the case, it is important that you take the time to understand the ways you are protected under the ADEA.

Who is covered by the ADEA?

Only those aged 40 or older are protected under the ADEA. Unfortunately, workers who believe that they have been discriminated against because they are too young are not protected. In addition, the law only applies to workplaces with 20 or more employees. The person alleging discrimination does not need to be actively employed by the workplace in question: They may have applied for a job with the workplace or have been made unemployed by them.

What protections are in place for those affected by age-related discrimination?

Employees who are covered by the ADEA are protected from being discriminated in several ways. Employers are not allowed to discriminate based on age when making decisions about hiring, promotions, compensation and firing. Any negative decision made against a worker aged 40 or older based on their age is an instance of workplace discrimination.

How can I take action if I’m a victim of workplace discrimination?

If you believe that you have been discriminated against based on age, you should make sure that you understand how the law applies to you. Ideally, you will have evidence to show that you were discriminated against. This may be an email from your employer that is discriminatory in nature, or it may be information from a witness who was present when discriminatory remarks were made.

Make sure that you get the compensation that you deserve if you have been affected by age discrimination in the workplace. If you successfully take legal action, you may be able to gain back any financial losses that you suffered.


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