The Age Discrimination in Employment Act (ADEA) makes it unlawful for employers to discriminate against employees aged at least 40 years old. However, despite the existence of the law, a lot of workplaces still practice age-based discrimination. Because of this, older employers must know their rights and when they should work with one of the best Charlotte employment discrimination lawyers. The following are important facts that older employees must know:
The ADEA’s Prohibition Applies to Applied Employers
The ADEA applies to public or private companies with more than 20 workers who work for a minimum of 20 calendar years. But, states have their own anti-discrimination law that applies to companies of all sizes.
Discrimination is Prohibited at Any Stage of Employment
Age-based discrimination happens when an employer makes adverse employment decisions against an employee because of their age or when a company’s practices affect older employees. Employers are prohibited from engaging in these kinds of discriminatory practices at all employment stages including recruitment, termination, promotions, and retirement.
It is Illegal to Post Job Hiring with Age Requirement
The federal law makes it illegal for employers to use age limits in job ads. To try to get around this prohibition, some employers use job postings that specify their experience requirements like requiring applicants to be recent college graduates. But, there are limited exceptions to the age limit prohibitions on job ads. Job notices can specify an age limit when age is an important qualification necessary to ensure a business can operate normally.
Employees who think they have been discriminated against because of their age should take into account whether what has occurred is discriminatory. They need to find a pattern at their employer where mature workers are frequently treated differently than their younger counterparts. Examples include slowly terminating older workers so the company can hire younger ones, giving favorable assignments and promotions to younger employees, and giving older workers negative job performance evaluations. If this pattern exists in a workplace, victims must discuss the matter with their HR department. They must report the possible discrimination and let their employer fix it.
Then, they must consult a lawyer about filing an age discrimination lawsuit. The lawyer can negotiate a settlement for the victim without filing a lawsuit. It is important to keep in mind that there is a timeline to when an older employer can file a claim with the Equal Employment Opportunity Commission or EEOC.