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How to Handle Age Discrimination

The United States government has taken broad legislative measures to try to ensure that everyone is treated fairly while at the workplace or within the field of employment opportunity. There are a handful of federally protected classes that are meant to be immune from on-the-job discrimination, such as gender, race, and religious creed. What many people do not realize is that age is also a federally protected class, and that age discrimination happens all around the country every day. Oftentimes, it comes in subtle displays, such as a boss asking an older employee to retire or refusing to train them new skills, but it is no less troublesome.

According to the U.S. Equal Employment Opportunity Commission (EEOC), anti-age discrimination laws apply to any person over the age of 40. While the law primarily is meant to prevent harassment, it is also supposed to bar age from becoming a factor of consideration in regards to:

  • Benefits
  • Firing
  • Hiring
  • Pay changes
  • Promotions
  • Salary

The important thing to remember is that no one’s behavior or position can strip you of your rights. If you think you are being presented with an unbalanced workplace experience simply because of your age, you need to take legal action to correct it.

What to Do If You Are Facing Age Discrimination

  1. Speak up: Your claims will be difficult to back if you never say anything about it to anyone. Let your employer know what is going on and that you do not welcome the behavior. If your employer is the one harassing or mistreating you, you may want to consider bringing the matter to the attention of their supervisor or the human resources (HR) division of your company.
  2. Be serious: You can request that your employer make an official written report every time you encounter discrimination. You can also tell them that you expect there to be an investigation into the matter regarding what you have told them.
  3. Create a log: Any time you feel like you are being harassed due to your age, jot down the details of the event as soon as you can. Include time, date, location, people who were there, what was said, etc. Later, if your entries coincide with another’s investigation, you will have created powerful evidence that can be used to your advantage.
  4. Gather documentation: If you can get physical copies of anything that hints towards the age discrimination you are dealing with, hold onto them. This includes obtaining a copy of your company’s employee handbook, specifically the anti-discrimination section. If this section does not exist, this may raise a red flag.

Lastly, you should always retain a professional attorney as soon as possible. Once you get one of our New York employment discrimination lawyers from Schwartz Perry & Heller LLP on your side, you can enjoy peace of mind in knowing that a highly-experienced and genuinely compassionate legal advocate is there to protect your rights on your behalf. We focus entirely on employment law and have accrued dozens of 5-star client testimonials throughout the years of our practice.

Call (888) 905-4091 for your free consultation today.