Age Discrimination of Federal Employees
Because of the Age Discrimination in Employment Act (ADEA), it is illegal for employers to discriminate against employees and applicants on account of the age of those applicants. The ADEA only prevents age discrimination against persons who are at least age 40. This does not mean that age discrimination against a younger employee does not violate any laws because some states have enacted laws preventing age discrimination of younger employees. However, the federal age discrimination law applies to age discrimination of older adults, and in fact, it allows for favorable treatment of an older employee over a younger employee even if the younger employee is also 40 or older.
If you are the victim of employment discrimination, contact one of the seasoned employment discrimination lawyers at Stern Law, PLLC today. We will take the time to review your case, discuss your options, and help you to make informed decisions from start to finish. Call (844) 808-7529 now – don’t wait, as your time to file may be limited.
What is age discrimination?
Age discrimination is the unfavorable treatment of an employee based on the employee’s age being 40 or older. Unfavorable treatment includes not hiring an applicant, firing an employee, giving an employee less pay, or denying an employee promotion, among other employment-related decisions. If any of these decisions was based on the individual’s age, then the employer is in violation of the ADEA.
The ADEA also prevents harassment of employees based on their age. Harassment does not include jokes or teasing unless it is so severe and happens so frequently that it leads to the creation of an offensive or hostile workplace environment.
It is also possible for a policy to be illegal even if it applies to everyone, but negatively impacts employees 40 or older. There is an exception though if the practice is used because of “reasonable factors other than age” (RFOA). A RFOA defense would apply in cases when a practice was reasonably related to the employees’ fitness levels because of physically demanding aspects of the job. Thus the requirement for law enforcement agents to pass a physical might be found legitimate as a result of the RFOA defense, even if it negatively impacted elder employees at a much higher rate than younger ones. However, the same standards for a desk job would likely not be permitted.
What should I do if I suffered age discrimination?
You may file a Charge of Discrimination with the Equal Employment Opportunity Commission. You should also consider speaking with an employment attorney.
Contact Stern Law, PLLC for A Free Consultation
At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you to find the best solution to your employment law related legal issues. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced employment attorney.
