Tuesday, February 5, 2008

Age discrimination: what to do

Employment discrimination based on age is a reality in the workplace. Hence, workers and employees with the age of 40 and above are protected against discrimination under the Age Discrimination in Employment Act. The law says that an employer may not fire, refuse to hire, and treat you differently than other employees because of your age.

The Age Discrimination in Employment Act applies to the following:
• Workers and applicants aged 40 and over

• The ADEA applies to employers with 20 or more employees.

• This includes local and state governments and the federal government. It also includes employment agencies and labor unions.

• It excludes independent contractors or elected officials. It does not usually cover police and fire workers, certain federal employees in air traffic control or law enforcement, or certain highly paid executives. While persons in these positions could be retired on a mandatory basis, they cannot be denied a promotion or training base on age.

• There are exceptions to the ADEA when age is a necessary part of a job. For example, an employer can hire a young person to play the role of a 12-year-old in a play. Most states have anti-age discrimination laws that apply to employers with fewer than 20 employees.

Here are some of the instances where age discrimination is committed:

• The employer wanted a younger-looking person to do the job so you were not hired.
• You were not allowed to take training courses and got a low mark on the evaluation.
• You were fired to give way to other younger workers or applicants who are paid less.
• The employer gave you an undeserved evaluation and used this record to justify firing or demoting you.
• The employer turned down your promotion, and instead hired someone who is younger

What to Do

If you feel like you are being discriminated in your workplace, talk to your employer immediately to see if you can resolve the matter. Otherwise, if the situation goes out of hand, you will have to file a case with the Equal Employment Opportunity Commission to seek redress.

To file a charge, you will have to abide by the strict time requirements of the agency. You must file your charge within 180 days after the alleged act of discrimination. You have to gather evidence yourself and file them personally. Litigation will also take a great deal of time, money and effort.

Who Can Help You

For better results, an employment lawyer specializing in age discrimination cases can help you address the issue. His skills, knowledge, and experience in his area of law practice can give you a better chance of seeking justice that you deserved.

Know more information about what to do in case of age discrimination with the help of an age discrimination attorney

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