Do I Have An Age Discrimination Case?
Age discrimination involves treating an applicant or employee less favorably because of his or her age.
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. In Indiana, it does not protect workers under the age of 40. It is not illegal for an employer to favor an older employee over a younger one, even if both workers are age 40 or older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
Check out our blog on what constitutes a hostile work environment to help determine if you have an age discrimination case.
Age Discrimination & Work Situations
The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
Age Discrimination & Harassment
It is unlawful to harass a person because of his or her age.
Harassment can include offensive or derogatory remarks about a person’s age. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Age Discrimination & Employment Policies/Practices
An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older. These are called “disparate impact” cases, where a policy or practice has a disparate impact on older workers. It is a defense for the employer if they can prove that there is a reasonable, non-discriminatory, bases for the policy or practice.
Contact Chip Clark or the Goodin Abernathy team to find out more about AGE DISCRIMINATION.
If you believe that you have been the victim of age discrimination by your employer, please call me for a free case evaluation.
GOODIN l ABERNATHY LLP