4 Things You Should Know About Age Discrimination In The Workplace

Posted on: 21 April 2020

Eventually, everyone is going to get older, which is why it is important to understand how age discrimination works and how you can protect yourself from age discrimination. The Age Discrimination in Employment Act of 1967 made it illegal for workplaces to discriminate against employees who are over 40 years of age; however, how that protection is put in place often varies, which is why it is important to understand your rights.

Thing #1: Prospective Employers Can't Ask Your Age

When you are interviewing, prospective employers cannot directly ask you how old you are. Nor can prospective employers ask you to write down your birthday on any application. They are only entitled to your birthday when you fill out your W-4 forms, which will include this information. Any employer who asks for your age in the interview process is engaging in behavior that is forbidden under federal rules.

Thing #2: Prospective Employers Can't Ask Your Graduation Date

Additionally, prospective employers cannot ask for your graduation date from either high school or college. Your high school graduation date basically lets your employer know that you were between 17-19 the year you graduated, making it easy to figure out approximately how old you are right now. Many people go straight to college from high school, making that graduation date confidential as well.

Thing #3: Employers Cannot Deny Promotions Based on Age

If you are already working for a company, you can't be told that you are too old to apply for a new position or that you were passed over for a promotion because of your age. If your employer tells you that they didn't give you the promotion because of your age, that is age discrimination. If they tell you they can't give you a promotion because you lack certain skills, that is fine. But they can't deny you promotions based on your age.

Thing #4: You Can File a Lawsuit

If you feel that you were not hired for a job or that you have not been promoted or have even been demotion in your job because of your age, you can act. You can file a charge of discrimination with the Equal Employment Opportunity Commission, also known as the EEOC. You can file a lawsuit as well. If you choose to go either of these routes, make sure you have documentation and proof of the discrimination you faced.

If you have encountered a situation at work that has lead you to believe you are being discriminated against because of your age, contact an attorney who works on workplace and age discrimination lawsuits. Look for a professional who provides workplace discrimination lawyer services near you.