Under the 1967 Age Discrimination in Employment Act (ADEA), age discrimination is illegal in the workplace. However, it still occurs frequently.
One of the problems with age discrimination is that people are not how it’s defined. Another problem is that proving your employer discriminated against you due to your age is challenging.
What are some examples of age discrimination?
Age discrimination could be the reason an employer decides against you. For example, why they do not hire you, promote you or offer you other opportunities. It could also be the reason they terminate you instead of a younger colleague.
Age discrimination can also be making age-related jokes or comments. A one-off event would likely not count. There would need to be a series of incidents.
Why is proving age discrimination challenging?
Traditionally, the odds were against you if you tried to claim an employer had discriminated against you because of your age. You had to prove that age was the only reason the decision went against you.
Yet, things have changed. In 2020 the Supreme Court ruled on the case of a pharmacist who claimed age discrimination. The court set a new precedent by saying that something could be age discrimination as long as age was one of the factors. Before, it had to be the only factor in the decision.
You have the right to a workplace free from discrimination. Your employer has a duty to provide you with one. If they are not, you may be able to hold them responsible. An experienced attorney can provide you with valuable guidance.