The ADEA protects workers once they turn 40

On Behalf of | Oct 10, 2022 | Age Discrimination |

It is imperative to understand your rights as an employee and evaluate your options if you face unlawful mistreatment at work. Whether your employer does not provide you with overtime pay that you deserve or you experience sexual harassment, take a firm stand for violations of your rights.

If you are an older worker, it is important to pay attention to age discrimination. In addition, discrimination can affect those applying for a position, even if they never work for a company.

Reviewing the ADEA, discrimination and a victim’s age

You should realize that protections under the Age Discrimination in Employment Act (ADEA) kick in at the age of 40, according to the Equal Employment Opportunity Commission. Sometimes, workers under the age of 40 face discrimination based on their age, but the ADEA does not cover workers who face discrimination based on their age if they are under 40.

Employers cannot treat workers and job applicants over 40 unfairly due to their age, although they can favor an older worker (including situations in which both employees are over the age of 40).

Age discrimination takes different forms

Whether an older worker loses their job or a company refuses to hire a qualified applicant solely because they are over 40, there are many examples of unlawful age discrimination. The ADEA covers various facets of employment, such as job assignments, benefits, training, pay and promotions. Furthermore, harassment due to a worker’s age that leads to adverse employment decisions or creates a hostile working environment is also prohibited.

If you have dealt with discrimination due to your age and you are 40 or older, it is vital to take a firm stand for the rights you have.


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