Fighting discrimination in the workplace is essential, whether it’s based on gender, sexual orientation, religion, race, or anything else. An issue that’s often overlooked is age discrimination, which can affect people who are deemed too young or too old for a certain job or workplace. Getting a new job is difficult enough without the added worry of being denied a positionbecause of your age. And once you have a job, you shouldn’t have to worry about being treated unfairly in the workplace because of your age, either. The Age Discrimination in Employment Act is designed to protect anyone who may be targeted based on their age.
What is the Age Discrimination in Employment Act?
When an applicant or employee is treated less favorably because of their age it’s considered age discrimination, according to the U.S. Equal Employment Opportunity Commission (EEOC).
Enacted in 1967, the Age Discrimination in Employment Act (ADEA) was put in place to stop age discrimination during hiring and in the workplace. The ADEA prohibits employment discrimination against anyone age 40 or older based on their age. It’s enforced by the EEOC.
Under the ADEA, both employees and job applicants are protected in private and public-sector jobs at companies that employ at least 20 workers.
According to Congress, the purpose of the ADEA is “to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment.”
What Does the Age Discrimination in Employment Act Prohibit?
During the hiring process, the only time an employer can require applicants to provide their age is if they demonstrate that the information is essential to the business’s operation.
Under the ADEA, employers are also prohibited from having a mandatory retirement age. (However, mandatory retirement is sometimes allowed, as in cases where executives are entitled to a pension that pays over a certain minimum sum annually.)
Another indicator of age discrimination, according to the ADEA, is if an employer takes any action that adversely affects employees over 40 disproportionately compared with those under 40. According to the EEOC, “the ADEA allows employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or younger.”
In 1990, the Older Workers Benefit Protection Act (OWBPA) was added to amend the ADEA, and specifically prohibits companies from denying rightful benefits to employees over 40.
Age discrimination in the workplace is not always obvious. Requiring a date of birth from applicants is more clear, but there are also more subtle ways, such as calculating the years from an applicant’s graduation date to conclude they are over 40 and then turning down the application because of this information.
How Are Potential Violations Dealt With?
Violations of the ADEA can have serious consequences for businesses. Workers or applicants who were discriminated against may be eligible for compensatory and punitive damages or they may be reinstated to a position lost due to discrimination. If the employer intentionally violated the ADEA, damages may also be available.
Age Discrimination in Employment Act Cases
According to the EEOC, “It is difficult to measure with any accuracy the prevalence of discrimination in the workplace. One indicator of the prevalence of age discrimination based on the research of the perception of age discrimination by older workers is surveys. Another indicator is age discrimination claims. Most discriminatory and harassing conduct is unreported which means charges filed with federal and state enforcement agencies represent a fraction of the likely discrimination that occurs in the workplace.”
In 2019, the EEOC resolved a total of 72,675 charges filed for workplace discrimination. The majority were filed over retaliation issues, followed by disability, race, and sex, in that order. Age discrimination was next, with 15,573 charges, making it 21.4 percent of the EEOC’s total charges.
For instance, a major age discrimination lawsuit was filed against Google, alleging that the company had systematically discriminated against older applicants in its hiring processes. The lawsuit was settled in July 2019, and each of the 227 claimants was rewarded an average of $35,000.
In another case, PricewaterhouseCoopers settled a class action lawsuit after claimants said the company avoided hiring older applicants for associate roles by using a college campus recruitment process. The company paid $11.625 million to be distributed among those impacted by this hiring process. Another part of the settlement requires the company to change its future recruitment process so as not to exclude older job applicants.
An individual plaintiff filed an age discrimination lawsuit against Ruby Tuesday, accusing the company of losing interest in his application for a general management position after asking and receiving his date of birth. The man was 50 at the time. In 2017, the restaurant chain paid a $45,000 settlement to bring an end to an EEOC lawsuit.
How to File an Age Discrimination Lawsuit
If you were denied employment because of your age despite, being a qualified job applicant, you may be able to file an age discrimination in hiring lawsuit.
Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
Join a Free Age Discrimination Lawsuit Investigation
If you believe that you were denied employment for a job which you were qualified for because of your age, you may qualify to join this age discrimination in hiring lawsuit investigation.
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