If you are 40 or older, you are protected by the Age Discrimination in Employment Act (ADEA). This legislation makes it illegal for companies in West Virginia or elsewhere from dismissing older employees primarily because of their age. Of course, this doesn’t mean that age discrimination does not occur in the workplace. There are several clues that you or your colleagues are being treated unfairly.
Layoffs typically impact older workers
Layoffs often serve as a way for companies to rid themselves of employees who are underperforming, make too much money or don’t seem to be a good culture fit. However, if you notice that most of those who were let go in a recent downsizing initiative were over the age of 40, it may be an example of age discrimination. Alternatively, companies may offer older workers an ability to take early retirement in exchange for severing ties with the business.
You aren’t given a chance to grow
Companies may decide that older workers aren’t capable of learning new skills or learning how to use modern technology. Therefore, they are often left out of seminars or other professional development events that might help them grow their skills and become assets to their organizations. While this may be an oversight on a company’s behalf, it is still likely to be construed as an employment law violation if the oversight is based on nothing more than your age.
You aren’t shown job postings
It isn’t uncommon for companies to showcase job postings on social media or other areas where younger people are more likely to see them. Companies may also decide to use coded language such as looking for digital natives when describing who the ideal candidate for a given opening may be.
If you are a victim of workplace discrimination, you may be entitled to the value of wages or benefits lost as a result of not getting hired or promoted. You may use job postings, comments from your manager or other evidence in an effort to obtain a favorable outcome in your case.
