The Age Discrimination in Employment Act of 1967 (ADEA), codified as 29 U.S.C. § 623, protects employees who are at least 40 years of age from being treated less favorably than younger employees in all aspects of employment. Employers must have at least 20 or more employees to be subject to the ADEA. “Employer” includes state and local governments. The ADEA also applies to employment agencies, labor organizations, and the federal government. In Ohio, your employer must have 4 or more employees to be subject to Ohio’s Civil Rights Act.
The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. According to the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.
It is important to note that age discrimination matters are different because the employee must prove that age was the motivating factor for discrimination rather than a motivating factor in other cases like Title (race, color, national origin, sex, religion). However, it is still commonplace for “older” employees to be pushed out by their employers and discriminated against because of their age. This process can occur with the termination of a large number of “older” employees or gradually. If you believe you have been discriminated against or harassed because of your age, call one of the discrimination attorneys at Bryant Legal, LLC to assure your rights are protected.
In addition, the ADEA has an anti-retaliation provision( 29 U.S.C. § 623(d)), which prohibits employers from retaliating against employees for opposing unlawful age discrimination. As such, if you suffer an adverse employment action for opposing age discrimination (even if you are not an “older” employee), it would likely constitute retaliation under the ADEA. Thus, if you believe you have been retaliated against because you opposed age discrimination by your employer, call one of the discrimination attorneys at Bryant Legal, LLC.