FAQs About Age Discrimination
Age discrimination has become more prevalent in the United States in the last 30 years. Workers are living longer and the economy is getting worse. This combination means there are many "older" people looking for work. In a competitive environment like the one we see today, many of these older people are not hired because someone younger has been.
Q: What is age discrimination?
A: Age discrimination is the use of stereotypes and prejudice against people because of their age in order to deny them employment or other benefits.
Q: How is age discrimination identified?
A: It is difficult to identify age discrimination. Generally, if a person is denied a job or other benefit and that person has reason to believe someone younger (or older in certain circumstances) has been given the job or benefit, age discrimination might have occurred.
Q: Who is impacted by age discrimination?
A: People of any age can be impacted by age discrimination. We usually think of older people being discriminated against, but it can happen to younger people, as well.
Q: Are there laws against age discrimination?
A: The federal law that pertains to age discrimination is the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older. Many states have enacted their own age discrimination laws that cover older and younger citizens.
Q: Which employers are covered under these laws?
A: All private employers with 20 or more employees, all state and local governments (including school districts), all employment agencies and labor organizations are covered by the ADEA. Individual state laws might require other employers to abide by these laws, as well.
Q: Do I have any recourse if I feel I've been discriminated against?
A: Yes, you can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC). You can also pursue litigation with your own private attorney.
Q: Who should I contact in order to file an age discrimination claim?
A: Contact the U.S. Equal Employment Opportunity Commission (EEOC) office nearest you.
Q: Is there a statute of limitations on filing an age discrimination claim or lawsuit?
A: An age discrimination claim must be made within 180 days of the alleged incident. Some state laws extend this date to 300 days.