Age discrimination is prevalent in our society. Managers making layoff or termination decisions can be influenced by negative stereotypes about older workers — or their relatively high earnings.

At the same time, diminishing pensions and 401(k) portfolios are causing more and more older workers to stay in the job market well into their sixties and seventies. When these individuals are laid off, they often have great difficulty obtaining new employment.

‍

What is Age Discrimination in the Workplace?

Age discrimination in the workplace is when employees and job applicants are treated less fairly because of their age. If you suspect you have been the victim of age discrimination, there is help! Ask yourself these questions:

• Are you a long-term employee who has recently been assigned a younger supervisor who seems to disregard your previous accomplishments, or who seems to hold you to a more stringent performance standard than others?
• Have you noticed that your company’s recent hiring practices have resulted in a disproportionately young workforce?
• Are you being passed over for promotions in favor of younger employees who are less qualified?
• Are you being singled out and disciplined for conduct that is tolerated from your younger colleagues?
• Are your colleagues over 40 being laid off in greater proportion than the younger employees at your workplace?
• Does your supervisor make negative comments about your age?

If you answered yes to any of the above questions it is possible your employer is practicing age discrimination in the workplace.

‍

Age Discrimination in Employment Act (ADEA)

People 40 years of age and older are protected from being discriminated against on the basis of age under the Age Discrimination in Employment Act of 1967 (the “ADEA”). The ADEA prohibits discrimination in hiring, firing, promotion, pay, and demotion decisions based on age. Employees under 40 years of age are not protected from age discrimination. Yes, it is perfectly legal to fire an employee for being “too young” if they are under 40.

The ADEA also prohibits employers from retaliating in the terms, conditions, or benefits of employment when employees report or oppose age discrimination. The ADEA applies to employers with twenty or more employees.

‍

The ADEA is Different

The ADEA is more favorable in some ways for workers than other federal discrimination laws, and less favorable in other ways. Principally, the ADEA allows employees to recover double damages (called liquidated damages) on their lost wages and benefits, which Title VII and the ADEA do not provide.  However, the ADEA does not provide for an award of emotional distress damages or punitive damages, which are both permitted by its Title VII and ADEA counterparts.   

‍

Fight Age Discrimination in the Workplace with NC Employment Attorneys

Regrettably, many Americans are reluctant to obtain legal representation, even when age discrimination is blatant. Age discrimination is just as pernicious and unlawful as other forms of discrimination more deeply rooted in animus like sex and race discrimination. The attorneys at Van Kampen Law have extensive experience litigating age discrimination cases.