A decision made by an employer about hiring, firing, promotions, demotions, interviews, performance reviews, salary, or any other terms or circumstances of employment may be discriminatory based on age. It may be biased, for instance, for an employer subject to the Age Discrimination Employment Act to recruit younger people for less money or because they believe they would be more equipped technologically to carry out the responsibilities of a job role than an older employee. The Law Office of Jeffrey A. Goldberg can help you with your issues.
Is it legal to ask for a candidate’s age in a job?
There are limitations on when and how an employer may inquire about a worker’s age or date of birth. For example, it would be illegal for an employer to specify a minimum age requirement in their job postings unless it could be demonstrated that the restriction is actually required for the firm to operate. Additionally, unless such age information is necessary for a legitimate purpose, asking a job candidate’s age as part of a pre-employment interviewing or screening process may indicate an employer’s intention to exclude older workers from applying for the position based on discrimination based on age. If an employer’s policy or practice adversely or disproportionately affects its employees over 40, it could be considered illegal age discrimination.
Under the ADEA, it is also illegal to harass someone due to their age. This includes saying insulting or degrading about someone’s age, often or severely enough to foster a hostile work environment or lead to an adverse employment decision.
What should I do if I believe I am the target of age-related discrimination?
It can be challenging to prove an age discrimination claim since it is doubtful that an employer will simply acknowledge that the employee’s age was a factor in their termination or other unfavorable action. An age discrimination lawsuit is far more likely to succeed if specific incidents and statements made in the workplace that demonstrate prejudice against older workers are documented. If your age discrimination case is successful, you may be entitled to restitution for your court costs, legal expenses, pain and suffering losses, lost income and benefits, and additional punitive and compensatory penalties. Additionally, a worker who has been wrongly fired due to their age may have their position returned. An employee must report a discrimination case to the Equal Employment Opportunity Commission and/or Texas Workforce Commission before bringing an age discrimination lawsuit.
What should you do if you think you are a victim of age discrimination?
Speak with an accomplished employment attorney if you are not sure if you have suffered age discrimination.