Understanding Age-related Employment Discrimination

If you think that an employer’s decision, regarding your job, is discriminatory (based on your age) you have the right to seek legal remedies. What does the law state? How do you suspect it? How do you approach the matter? What remedies are available? To get answers to these questions, you need to consult an employment discrimination attorney.

Here are a few useful points with regard to the matter.

Legal Protection: The federal Age Discrimination in Employment Act (ADEA) and the state Fair Employment Practices Act (FEPA) of Ohio provide protection from discriminatory practices to individuals over the age of 40 years. All employers, employment agencies and labor unions, meeting eligibility, must adhere to these laws.

Eligibility: To be eligible for this protection, an individual needs to be

An employee, or job applicant, over the age of 40 years; and

Working, or seeking to work, for an employer with at least 20 employees (as per federal law) or at least 4 employees (as per Ohio law)

Instances: You may be a victim of discrimination if –

You do not get a job/promotion and it goes to a younger applicant/co-worker with the same profile and record of accomplishment as yours

You face removal/termination from your position and find that someone younger is replacing you

You are not part of a training or development program that all other employees are getting

Various other instances are also possible. Your attorney is the best judge of whether a discrimination you face at the workplace is illegal or not.

Employer Duties: It is the responsibility of the employer to keep a check of whether a harassing or hostile work environment is hampering the productivity, and peace of mind, of employees over the age of 40 years.

Remedies Available: If you think that you were a victim of age discrimination at the workplace, you may go ahead and file a formal complaint with the Ohio Civil Rights Commission (by visiting the nearest office or calling). The Commission tries to resolve the issue via mediation, and if necessary, investigation.

You may also file a discrimination lawsuit at a court. Whichever remedy you choose, it is better to retain the counsel of a competent Ohio employment discrimination attorney. He/she has an in-depth knowledge of the federal and state laws, and knows the proper way to approach the matter.

Getting qualified and experienced legal aid is always helpful in tackling a legal issue.