What is age discrimination? What are some examples of age discrimination?
Age discrimination occurs when an employer treats an employee or applicant less favorably because of their age. The Age Discrimination in Employment Act (ADEA), a federal law, forbids employment discrimination based on age for those over the age of 40. However, some states do protect younger workers from age discrimination.
The ADEA prohibits setting age limits on training programs, mentioning age preferences for jobs and forcing employees to retire at a certain age. The law also prohibits employment policies that have a negative and disparate impact on older workers, unless the employer can prove that they are based on reasonable factors unrelated to age. Additionally, harassment based on age is illegal under the ADEA.
Behaviors and negative employment actions which display age discrimination include:
- Not getting hired because the employer was seeking someone who looks younger
- Recruitment policies that put age limits on a person’s job eligibility (such as restricting the pool to those who have less than 20 years of experience)
- Being turned down from a promotion, and the position given to someone younger outside the company, because your employer wants the company to have a younger appearance
- Firing mostly older workers during company layoffs
- Being called old before being fired
- Firing older, more senior employees in favor of keeping younger workers who are paid less
- Giving younger workers more favorable work opportunities or conditions, such as offering them better projects or equipment than older workers
- Harassment, such as being called names or other forms of hostility, based on age
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How can I prove age discrimination in my workplace?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
- If my employer violated the terms in the employee handbook by firing me, can I hold him responsible?
- Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
- My employer does not pay mileage reimbursement when I use my own car for company business. What is the California law on mileage reimbursement?
- My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?
- My employer yelled and cursed at me. Can I sue him or her for harassment?
- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the signs of age discrimination in the workplace?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What can I do if I was wrongfully terminated?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What is the ADEA?
- What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
- What is the difference between sexual violence, sexual assault and sexual harassment?
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?