The basics of age discrimination in the workplace

On Behalf of | Jun 27, 2022 | Firm News, Workplace Discrimination |

Unfortunately, many employees are treated unfairly because of their age in West Virginia. This can be very frustrating and demoralizing. If you are experiencing age discrimination in the workplace, it is important to know your rights.

Common ways age discrimination happens in the workplace

A common type of age discrimination is when an employer refuses to hire someone because they are “too old.” Age discrimination can also happen when an employer gives someone a different job because of their age. For example, an employer might give a younger person a job that is less challenging or pays less than what was originally offered to the older person.

Thirdly, age discrimination can happen when an employer lays off or fires someone because of their age. This is called “forced retirement.” Finally, employers might discriminate against older employees by not promoting them. This often happens when an employer believes that a younger person is “more energetic” or “more qualified.”

What does the law say?

The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years old or older from discrimination. This employment law makes it illegal for an employer to discriminate against an employee because of their age.

The ADEA applies to all employment practices, including hiring, firing, promotions, pay and benefits. It is important to note that the ADEA does not protect employees who are under the age of 40. It’s also worth mentioning that the ADEA only applies to employers with 20 or more employees.

What should you do if you think you’re getting discriminated against?

If you think that you are a victim of age discrimination, it is important to speak up. You can start by talking to your supervisor or human resources department. If they are not helpful, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).

The EEOC is a federal agency that enforces employment discrimination laws. You can file a complaint online or by calling their toll-free number. This organization will investigate your claim and decide if the law has been violated.

Age discrimination is a serious issue in the workplace. If you think you are being discriminated against, it is important to know your rights and take action. If you decide to file a lawsuit, some of the damages you can receive include lost wages and benefits, emotional distress and punitive damages.

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