How to Fight Age Discrimination
Age discrimination, just like any discrimination based on race or gender, is illegal. The Age Discrimination in Employment Act of 1967 (ADEA), which celebrates its 50th anniversary this year, prohibits discrimination against workers aged 40 and above throughout all stages of service, counting hiring and layoffs. In spite of the law, it can be hard to succeed age discrimination cases in court. Here are five things you must know about these laws:
Age discrimination can be hard to prove, so be sure to keep careful notes of any evidence
According to a 2009 U.S. Supreme Court verdict, plaintiffs have to meet a high burden of proof for age discrimination than for other types of discrimination. The clearest pointer of intentional discrimination is when a worker demonstrates that an employer is acting because of faith that an employee has diminished ability because of the age, says Patricia Barnes, an employment discrimination specialist and author of Overcoming Age Discrimination in Employment. A further strong sign is if a supervisor makes remarks about age or sends younger workers to a training course, but not older workers, Barnes says. “I always recommend keeping a notepad about each incident, who was there and how it made you feel,” she suggests. Then, it’s easier to exhibit a pattern in court.
Pull in professionals
Human resources officers are skilled in distinguishing age discrimination; moreover, it is necessary to keep in mind that they labor for your employer, not for you. You can complain about your HR section, which may afterward examine or converse with your manager. You might as well discuss with an attorney to observe if you have a case to follow in court. In addition, you can get in touch with your local Equal Employment Opportunity Commission (EEOC) office to converse how to file a charge and for aid resolving the charge with your employer.
Winning an age discrimination case might be hard, but it is not impossible
One of the largest age-discrimination cases in current history concerned a then-64-year-old Staples employee in Los Angeles, who was called an “old goat” in staff meetings and finally was fired. Adjudicators awarded the man $26 million. An abridged payment of $16 million was upheld on a plea. Presently, AARP Foundation is supporting numerous age-discrimination cases, counting ones against Spirit AeroSystems and PwC, aka PricewaterhouseCoopers, both of which are waiting. “We are hopeful that our participation and success in these cases will send a message to employers that age discrimination is intolerable and will not go unconcealed,” says Laurie McCann, senior attorney with AARP Foundation Litigation.
There is power in numbers
If you lose your job as a result of a group termination and you suspect age discrimination, reflect on working with your pretentious coworkers to follow the legal action. It can reinforce your negotiating position and also help reduce costs.
Staying abreast of technology can help protect you.
The Savvy Senior’s syndicated columnist, Jim Miller, says that workers may be able to shun age discrimination in the first place by making efforts to stay up to date on technology. “A lot of people get discriminated against because the world has approved them by from a technology standpoint,” he stated. Taking online courses or other forms of training can facilitate, showing that you can still do extremely well at work, at any age.
It is important to note that discriminating anyone based on their age is in no way acceptable in the society. You should be able to judge everyone as an equal irrespective of their age, gender or race. This is the only way in which the society will prosper in future!