The Age Discrimination in Employment Act (ADEA) gives priority to older employees specifically 40 years and above. They can file a claim for compensation when they report unfair replacement by younger employees. However, they have to prove that their replacement was indeed “young” per the criteria of the law. Since its introduction, it has protected a lot of older employers, and has minimized the cases of age-related discrimination.
What counts as Age Discrimination?
The court has no set age to show who is “young”, but a three-year age difference is the minimum age required to file a claim.
Age Discrimination can take the following forms;
• Declining to give existing employees promotion due to their age
• Firing employees on attainment of a certain age
• Recurrent age harassment cases
• Refusing to higher older but qualified employees
How can I prove Age Discrimination?
In proving an age discrimination case, the claim must show one or more of the following:
• The employer discriminated against the employee based on age
• The job applicant or employee was at least 40 years.
• The employer in question was an entity under discrimination laws
• The job applicant or employee was negatively affected by an employment act
Other Protection Acts Combatting Age Discrimination
Older Workers Benefit Protection
The Older Workers Benefit Protection Act provides further security for employees by providing waivers that outline employee rights. Thus, if an employer wants to lay off some employees, they must abide by the requirements stated on these waivers before making any decisions in order to avoid age discrimination. If these requirements are not met and the employee feels wronged, they may outline the issue on the waiver and submit it for proof of age discrimination.
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