Has your work turned into a hostile environment? Do you feel targeted due to your age? Do you believe that you are being harassed by your employer or other employees because you are older? Age discrimination can be found in a variety of industries and environments. Baldwin & Vernon is here to ensure that you stay informed, and when needed, is ready to protect your rights as a worker.
What is age discrimination?
According to the Equal Employment Opportunity Commission (EEOC), the Age Discrimination in Employment Act (ADEA) prohibits age-based discrimination against people who are 40 years or older.
When can age discrimination occur?
Age discrimination can take place in any aspects of employment such as hiring, firing, wage or salary, job tasks, promotions, trainings, or benefits. Age discrimination is not allowed throughout the hiring process or after the employee has been hired.
What are some examples of age discrimination?
- An employer puts a policy in place that applies to every employee, but it negatively affects applicants and employees over the age of 40. It is not based on an understandable factor other than age.
- A supervisor, client, customer, or other employee consistently makes offensive comments about your age. It becomes so frequent and severe that it creates a hostile work environment for you on a daily basis.
- A job advertisement specifies an age limit in regards to the job opening. You apply and you are told that they are searching for a younger, more able, employee for the desk job.
What are some recent cases of age discrimination in the news?
Longtime composer of The Simpsons has hit Disney and Fox with an age discrimination lawsuit, saying that his termination was due to “perceived disability and age.” The lawsuit comes nearly 2 years after Alf Clausen says he was fired from composing and conducting music for The Simpsons. Clausen was told that he was fired because they were “taking the music in a different direction,” which he claims was false.
What if I’m under 40 years old?
The ADEA does not protect you if you’re under 40 years old. Some states have additional laws that protect works under 40 years old, although each state varies. Baldwin & Vernon can help you with the laws in Kansas and Missouri, and guide your case.
What are the exceptions?
According to the EEOC, it is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are older than 40.
The ADEA only applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations, and the federal government. (However, many state laws have a lower threshold in regards to number of employees. In Missouri, under the Missouri Human Rights Act (MHRA), the employer only needs 6 employees to be subject to Missouri’s laws against discrimination against those 40 and older.)
The ADEA does not explicitly prohibit an employer from asking an applicant’s age or date of birth.
If you believe that you have been harassed, discriminated against, or fired because of your age, contact Baldwin & Vernon for advice on your case.
