What is Age Discrimination?
Age discrimination, spelled agitism, is discrimination and stereotyping against certain people or groups based on their age. This can be systematic or informal. The word was coined by Robert Neil Butler in 1969 to describe age discrimination, and usually patterned after sexism and racism. It has been around long enough to have formed a significant body of law – it is still being litigated every day. Age discrimination is alive and well.
Most employers have some kind of formal written policy concerning age discrimination. Some policies are not legally binding, but employers are expected to take them seriously. An example is the famous Supreme Court ruling of 18NOW v. GE. There, the court held that an employee had been discriminated against based on her age in violation of the Fair Labor Standards Act (FLSA). GE had refused to grant requested promotions to black and Hispanic employees, something it was required to do under the FLSA.
To prove age discrimination, an employee would have to either show that she was denied a promotion or other benefit that would have been available to her if she had been of a certain age, or that she was discriminated against in a way that made it impossible for her to work. An employee must prove both age and that she was being discriminated against based on her age. In order to do this, she must present a legitimate case, one in which she has a legitimate claim of being discriminated against. For example, if she is a disabled veteran, she will have to go before the Equal Employment Opportunity Commission (EEOC) to prove that she is a disabled veteran, and that she was discriminated against because of that status.
The EEOC works closely with the Department of Labor. If you are being harassed at work for age discrimination, or if you think that you are a victim of age discrimination, you must immediately report your situation to the EEOC. You can call the hotline number or write a letter to the address provided on their website. You must report the case to your employer within 30 days, or your rights to pursue employment in that specific company will be waived..
There are many other areas of employment that are considered discriminatory, as well. Many times, hiring employees who are over a certain age requires proof of that age to ensure they are legally able to work. Proof of residency, whether temporary or permanent, is also considered discrimination. Finally, sex discrimination is illegal, regardless of whether you are a man or a woman.
Age discrimination rarely happens, due to our laws protecting people from employment discrimination based on race, religion, national origin, gender, and age. However, there are still situations where someone may be discriminated against for reasons that don’t seem like legitimate employment-based discrimination. If you feel that you have been a victim of age discrimination, you should contact an attorney to discuss your case. An attorney will help you to understand your legal rights, find out if you have a case, and provide you with the best possible chances of success.
In 2021, the Federal Equal Employment Opportunity Commission began an investigation into whether there was age discrimination in employment. The matter was sparked by a complaint from a black female employee, who claimed she had been passed over for a promotion at her job because of her age. After conducting their investigation, the commission found that there might have been age discrimination. On July 4th, Supreme Court decided in favor of the employee. The court found that the nine circuit court had erred in holding that age was not a consideration in employment decisions. The ruling will be effective immediately, and according to the court, it will open up all kinds of new employment opportunities for minorities.
As stated above, there are many cases in which hiring someone based on their age could be considered age discrimination. But, an employer cannot refuse employment based on age, even where there may have been legitimate reasons for doing so. Therefore, if you believe that you have been a victim of age discrimination, it is important to contact a lawyer immediately to discuss your case.