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The Fight against Age Discrimination

By Edited Jun 18, 2015 0 0

You will feel and see the signs of aging, even with the help of modern medicines and technology. Getting old may be tough, especially if you are being unjustly treated because of it.

An employer may use your age as a basis when making employment decisions that can affect your chances of being hired or given job advancement. Good thing you are protected by the Age Discrimination in Employment Act (ADEA) of 1967.

ADEA prohibits employers from discriminating against applicants or employees who are 40-years-old and above. It covers employers who have at least 20 workers, including state and local governments. In addition, it also applies to labor unions, employment agencies, and the federal government.

Under ADEA, covered workers cannot discharge, refuse to hire, or perform discriminatory practices against an individual on the basis of his age. This law was created in order to address problems involving employers who prevent older individuals from retaining or finding work.

Because of it, employers may now be held liable if they discriminated against an individual in all areas of employment including promotions, hiring, compensation, firing, job referrals, and trainings.

To be more specific, here are the following areas that are covered by ADEA:

• Benefits- ADEA was amended by the Older Workers Benefit Protection Act (OWBPA) of 1990 so that old workers may easily get different benefits from the company.

• Job advertisements- Employers cannot include age limitations, specifications, or preferences in job advertisements. They may only be allowed to do so if they can prove that imposing a certain age limit is needed in order to have smooth business operations.

• Interviews- Although ADEA does not prohibit employers from asking the age of an applicant during an interview, they should only do so if they have a valid reason for it. They cannot refuse to hire an old applicant who possesses the proper skills and qualifications for the job.

Filing a Claim

If an employer refused to hire or promote you due to your age, you are entitled to file a complaint with the Equal Employment Opportunity Commission (EEOC). This agency will investigate your claim and determine whether your employer is guilty of age discrimination.

Remember, you will have a higher chance of winning it if you consult a Los Angeles employment attorney. He will provide you with proper representation, gather documents which are relevant to the case, find credible witnesses, talk to your employer's legal representative, and determine if you have a good chance of being compensated.


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