Equal Employment Opportunity Commission Laws Protect Against Age Discrimination

The Equal Employment Opportunity Commission laws protect older workers from age discrimination, but job losses due to the coronavirus pandemic will cause even more competition for jobs. The U.S. Bureau of Labor Statistics shows the unemployment rate for workers age 55 and older went from 3.3 percent in March to 13.6 percent in April.

The overall unemployment rate rose to 14.7 percent in April, which saw 20.5 million Americans apply for unemployment.

Even in the best of times, it takes older people about twice as long to find a new job after being let go, according to Susan Weinstock, vice president of financial resilience at the American Association of Retired Persons (AARP).

Prior to COVID-19 taking a large swath of jobs, older people faced obstacles that younger ones don’t. In a New York Times article published about a year ago, a study by the Urban Institute and ProPublica said nine out of 10 older people never fully recover the earning power they once had, and more than half of employees over the age of 50 lose their jobs before being prepared for retirement. And remember, these are pre-COVID figures.

What is the Equal Employment Opportunity Commission (EEOC)?

The EEOC is the U.S. government entity responsible for enforcing federal laws that prohibit discrimination against a job applicant or employee based on the person’s race, color, religion, sex, national origin, disability, genetic information, or age of 40 years old or older.

The Equal Employment Opportunity Commission laws cover every type of work-related topic, including hiring, firing, promotions, harassment, training, wages, and benefits.

It’s also illegal to discriminate against any person who has complained about discrimination, filed a charge of discrimination or participated in a lawsuit involving an employment discrimination investigation or lawsuit.

In order to enforce the Equal Employment Opportunity Commission laws, the agency is authorized to investigate allegations of discrimination against employers who are covered by the law. Most U.S. employers that employ at least 15 people are covered by EEOC laws, but a minimum of 20 people must be employed to be covered by the age discrimination portion of the law. Almost all labor unions and employment agencies are covered, too.

The EEOC first attempts to settle a charge when the agency determines a violation has occurred, but if that’s not successful, the EEOC can file a lawsuit.

In attempts to prevent discrimination from happening in the first place, the EEOC participates in outreach, education, and technical assistance programs.

What Are the Equal Employment Opportunity Commission Laws?

The EEOC laws protect employees against discrimination in the workplace.

The law says that a worker cannot face age discrimination in particular in any realm of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and any other aspect of employment.

The EEOC stresses that employers set the tone to prevent discrimination and harassment in the work environment. Employers who encourage respectful behavior among employees will be able to best prevent and quickly correct unlawful conduct.

How Do the Equal Employment Opportunity Commission Laws Protect You From Age Discrimination?

The EEOC oversees the enforcement of the Age Discrimination in Employment Act (ADEA), which protects people 40 years old and older from age discrimination. According to the EEOC, it’s not illegal for an employer to choose an older worker instead of a younger worker even if both of the workers are 40 years old or older.

Age discrimination can become a factor when both the victimized person and the person who performed the discriminatory act are older than 40.

The ADEA also outlaws harassment due to a person’s age. Teasing or offhand comments as isolated incidents are not barred, but when harassment becomes so often that the victim is subjected to a hostile or offensive work environment, the harassment is illegal.

Any age discrimination that results in a victim being fired or demoted also is illegal.

What is the EEOC Complaint Process?

If you believe you have faced age discrimination at work, you may file a Charge of Discrimination, which is a signed statement alleging an employer, union or labor organization committed discrimination in an employment setting.

The age discrimination law enforced by the EEOC requires the complainant to file a Charge of Discrimination with the EEOC prior to filing an age discrimination lawsuit against an employer. If the complainant wishes to remain anonymous, an individual, organization or agency can file a charge on behalf of that person.

The Charge of Discrimination statement can be completed online through the EEOC’s public portal portion of its website, but only after the complainant submits an online inquiry and is interviewed by an EEOC representative.

“In the EEOC’s experience, having the opportunity to discuss your concerns with an EEOC staff member in an interview is the best way to assess how to address your concerns about employment discrimination and determine whether filing a charge of discrimination is the appropriate path for you,” says the EEOC’s website. “In any event, the final decision to file a charge is your own.”

How to File an EEOC Lawsuit

In most cases, once the EEOC closes its investigation of the charge of age discrimination, the EEOC will send the complainant a Notice of Right to Sue. However, in a case of age discrimination, the complainant does not need to receive that notice prior to filing a lawsuit.

An age discrimination case is an exception to the rule because a lawsuit may be filed in court at any point after 60 days have passed from the date the Charge of Discrimination was filed, but no later than 90 days after the EEOC has notified the complainant that the investigation was concluded.

A qualified job applicant who is denied an employment opportunity because of age can receive advice from an employment discrimination lawyer. Top Class Actions has spoken with and recommends certain specialized attorneys who can help you navigate the EEOC process and determine the best course of action for you.

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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This article is not legal advice. It is presented
for informational purposes only.