Age Discrimination in the Workplace
Age discrimination in the workplace is a serious issue that can impact employees of all ages. It occurs when an individual is treated unfairly or harassed because of their age. At Ryan Employment Law, we are dedicated to fighting against age discrimination and ensuring that all employees are treated fairly.
Age discrimination is barred by the Age Discrimination in Employment Act (“ADEA”). An employer cannot fire an employee because of the employee’s age or take any other adverse employment action because the employer thinks that the employee is too old.
Under the ADEA, employees who are 40 years old or older cannot be discriminated against. The ADEA applies to employers who have 20 or more employees.
What Does Age Discrimination Look Like?
Age discrimination can take many forms, including:
- Being passed over for promotions in favor of younger employees
- Receiving negative comments or jokes about your age
- Being excluded from important meetings or projects
- Being targeted for layoffs or termination based on age
Fire departments and police departments are allowed to fire employees after age 55 on the basis of age. The act of discharge is based on a safety standard.
An employer cannot set a mandatory age for retirement, except for highly paid and high-level policy officials. However, even for non-exempt employees, an employer may provide early retirement incentives.