Can My Company Limit Jobs to Individuals Under a Certain Age?
Certain
characteristics and classes are considered as protected under
employment laws. These classes and characteristics cover an employee's
race, religion, age, gender, sex, sexual orientation, military or
veteran status, and/or marital status. Out of the protected classes, age
remains a class that is discriminated against. An employee's value
should be determined based on their skills and not their age. Just like
younger employees, older employees should also be given the opportunity
to learn and grow at their place of employment. Although older employees
and applicants have the potential to offer just as much if not more
than a younger employee, older employees or applicants remain a common
target for discrimination. Employees who are age 40 and older should be
informed of the laws that protect them if they feel they are being
mistreated just because of their age. A Discrimination Lawyer is the
type of attorney an employee or applicant should contact if he or she
has become a victim of age discrimination in the workplace.
Is it legal for my boss to pick on me because of my age?
No,
in most circumstances it is not legal for an employer to mistreat an
employee based on the fact that the employee is 40 years of age or
older. Age is considered a protected class meaning that an employee who
is the age of 40 and older falls under the protection of the law. The
law protects employees of this age and older from discrimination in the
workplace or if he or she is applying for a position.
Keep in mind
that just because an employee falls within the protected age range, does
not automatically confer protection to that employee. An employee who
is within the protected age range is only protected from adverse
treatment because he or she is 40 or older. For instance, an employee
who is consistently late and does not finish their work on time is often
scolded by their employer, which ultimately leads to the employee's
termination. Even though the employee is over the age of 40, they may
have difficulty proving that they were scolded and fired because of
their age, as it seems they were targeted solely for their poor worth
ethic.
An employee or applicant would need to discuss what happened
to them with a Discrimination Lawyer if he or she wanted to know if they
were singled out specifically because of their age.
How do you know you are a victim of age discrimination?
Age
discrimination can be identified through comments related to an
employee or applicants age. For example, a manager may choose to make
negative comments towards an employee based on their age such as "hey
old timer, isn't it time for you to retire", "age does make a
difference", or "the younger employees are better at your job". These
types of comments, even if some are meant to be jokes, may be
characterized as discriminatory.
An employee may be singled out based
on their age if he or she is passed up for employment opportunities
that he or she is qualified for yet the opportunity is given to
employees under the age of 40. An employee over the age of 40 may also
experience reduced hours, reduced pay, or even termination.
Another
form of discrimination is demonstrated through visuals such as cartoons,
emails, text messages, or articles that may contain a negative message
pertaining to an employee's age. For example, an employee who recently
turned 50 may be subjected to other employees sending emails containing
cartoons about old people.
Can a company limit jobs to individuals under a certain age?
As
mentioned previously, an employee who is deprived of employee benefits
or opportunities based on their age is a form of discrimination. So an
employer is technically not permitted to limit jobs to individuals under
a certain age.
For example, an employer cannot say to an employee or
applicant "I only want someone under 30 for this job". In this example,
the employer's comment and hiring practice may be considered
discriminatory against age. A Discrimination Lawyer is the best person
to ask whether or not a particular set of facts may be considered as age
discrimination. Contact a Discrimination Lawyer who offers free
consultations so you can ask without paying any up-front costs.
Making a complaint
Employers
and organizations are required by law to inform their employees of the
laws that prohibit discrimination and harassment in the workplace. The
law requires that these employers facilitate an anti-harassment policy
that contains procedures and a complaint process.
Typically, a
complaint procedure will require an employee who is making a complaint
about being harassed based on age by another employee, to put the
complaint in writing. However, even if the company's policy explicitly
states that the employee's complaint needs to be in writing, this does
not reflect what the law says is required. Putting a complaint in
writing is more efficient, but the law says that written complaints
and/or verbal complaints to a supervisor or manager will suffice. This
manager does not even have to be the designated manager of the
particular employee who is making the complaint, a manager or supervisor
at the company is enough. If an employee feels uneasy about making a
complaint, some companies have a hotline available to employees who need
to report any kind of unlawful behavior including discrimination.
It
is a good idea to keep a copy of any written complaint you might make
as an employee and/or keep a record of any verbal complaint made
regarding age discrimination.
In
conclusion, an employee or applicant 40 or older should not have to
endure being treated adversely because of their age. Age discrimination
is considered as unlawful behavior and the law prohibits its practice
within the workplace. If you are an employee or applicant who feels as
though you were singled out because of your age and you are 40 or older,
you should contact a Discrimination Lawyer to discuss whether you have a claim against your employer.