The Age Discrimination in Employment Act (ADEA) strictly prohibits employers from treating any job applicant employee less favorably based solely on age. Specifically, the ADEA protects individuals aged forty or older, and it is never a defense for the agency to claim that the age-discriminating person is also over the age of forty.
Federal law also prohibits age discrimination in any aspect of employment, to include hiring, termination, discipline, pay, assignments, promotions, training, benefits, and any other material employment term or condition.
An employee, however, may struggle to prove actual liability in an age discrimination suit if the agency successfully argues that a “reasonable factor” other than age was the true cause of the unfavorable conduct. Examples of an Agency’s “reasonable factor” defense may include claims of excessive absenteeism impacting production, personality conflict with co-workers, or even lack of qualifications.
A skilled employment attorney, however, can demonstrate how each of these claims is actually unlawful age related descrimination. For example:
-Claims of excessive absenteeism: Is the employee’s absence in fact due to age-related medical appointments?
-Claims of personality conflicts with coworkers: Are younger coworkers harassing or excluding (intentionally or unintentionally) the older employer, resulting in tension solely attributable to age disparity?
-Claims of lacking qualifications: Has the older employee fallen behind in the newer ways of conducting business? Has management declined to invest in training the older employee under the premise of years remaining until retirement?
If these or any other situations have happened to you, you may have been the victim of age discrimination. Contact our office today for a free consultation!