What is Age Discrimination?
The Age Discrimination in Employment Act of 1967 (ADEA) and Ohio Revise Code Section 4112 protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA and Ohio Revised Code’s protections apply to both employees and job applicants. Under these laws, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment — including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under these laws.
It is unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the essence of the business.
These laws do not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by these laws.Some examples of age discrimination in the workplace are:
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Age biased comments;
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Younger employees are treated more favorably;
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Older employees are disciplined for something younger employees do without consequences;
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Younger employees are chosen for promotion;
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Older employees are asked about retirement plans;
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Older employees are excluded from meetings;
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Assumptions that older employees are not computer savvy;
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Assumptions that older employees would not relocate;
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Not being given an interview for a position that an older employee is clearly qualified for; and,
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Older employees are terminated based upon mindset that his/her benefits were too expensive.
These are just a few of the many examples of age discrimination in the workplace.
The Law Firm of David A. Young, LLC represents executives and employees who have been discriminated against based upon their age throughout the State of Ohio. Attorney David Young has been certified by the Ohio State Bar Association as a Specialist in the area of Labor and Employment Law. Attorney Young has also been recognized as a Super Lawyer in the State of Ohio for the years 2009 through 2013.
If you feel you have been discriminated against based upon your age, The Law Firm of David A. Young, LLC provides a free, no-obligation consultation.
