Employers are not legally allowed to make age-based decisions. Laws at both the federal and state level prohibit age discrimination. If you believe that you have been discriminated against in the workplace it is imperative that you seek legal counsel and discuss your options. Reach out to an Atlanta age discrimination attorney today to learn more about your employment rights.
What is Age Discrimination?
Age discrimination in the workplace is the adverse treatment of an applicant or employee based on their age. Both younger and older workers can experience age discrimination, though federal laws only govern discrimination against older employees.
Examples of age discrimination can include the following.
- An employer hiring only younger employees or less qualified individuals as a way to avoid hiring older candidates
- Forcing older employees into retirement
- Denying employment benefits to older employees
- Paying employees less based on their age
- Taking more disciplinary action against older employees than younger workers
All of the above actions and more are unlawful acts of age-based discrimination. Employment decisions should never be made based on a worker or candidate’s age.
Can Employers Make Age-Based Decisions?
No, employers are not legally permitted to make age-based decisions in the workplace. Age discrimination is illegal and governed by both federal and state laws.
The ADEA (Age Discrimination in Employment Act) is a federally regulated act that makes it illegal for employers to discriminate against people aged 40 or older based on their age. The law is enforced by the EEOC (Equal Employment Opportunity Commission) and prohibits employers from making employment decisions based on age including hiring, firing, wages, assignments, promotions, layoffs, training, benefits, and more. The act also governs harassment and makes it unlawful for a coworker, supervisor, customer, or anyone in the workplace to harass a person based on their age. Harassment can include but is not limited to derogatory remarks, cruel jokes, offensive drawings, and more.
Some states, including Georgia, implement individual age discrimination laws that work in tandem with federal regulations. Georgia law states that no person, firm, association, or corporation can refuse to hire, employ, license or bar or terminate an employee between the ages of 40 and 70 based solely on their age given that the individual is physically and mentally qualified and has the proper training to perform the tasks that the job requires.
What Should I Do if I Experience Age Discrimination?
If you believe you have experienced age discrimination in the workplace you have several options. The first thing you should do is document any incidents and evidence of the encounters. Notify your manager or the HR department depending on the situation.
Your company should look into and address the discrimination but if their action is not satisfactory you can file a complaint with the EEOC or the Georgia Commission on Equal Opportunity.
Depending on the severity of the circumstances you may also file a discrimination lawsuit against your employer. Speak with an experienced attorney to discuss your legal options after experiencing age discrimination in the workplace.
