Age Discrimination In Hiring

Age Discrimination In Hiring

It is illegal for employers to discriminate against employees who are 40 or older for work-related actions, according to the Age Discrimination Employment Act. The protection extends to all aspects of employment, including hiring age discrimination, promotions, firings, layoffs, bonuses, salaries and benefits. Because of the difficulties involved with proving that an employer acted unlawfully, people may want to get help from the age discrimination attorneys at Swartz Swidler.

Age discrimination in hiring is against the law

The age discrimination law prohibits employers from discriminating against workers who are 40 or older on the basis of their age. The federal law applies to employers with 20 or more employees. The New Jersey Law Against Discrimination does not contain an age limit, but a majority of claims involve workers in their 50s or 60s. Pennsylvania’s Human Relations Act only applies to workers who meet the same age threshold as the federal law. Employers may not say that a certain age is preferred or use age as a factor in recruitment. They also may not ask about an applicant’s age. Older workers may not be forced to retire except under a few limited circumstances, and age may not be used as a determining factor for job-related actions.

How to prove age discrimination in hiring

If you are not hired for a job because of your age, it may be difficult to prove. There are three ways that age discrimination claims may be proven. In rare cases, people may have direct evidence that their ages were the reasons that they were not hired. For example, an employer who asks an applicant for the applicant’s age during an interview and reacts by stating something that obviously indicates discrimination would be an example of direct evidence. Advertisements stating that a company is looking for people under age 30 only would be another example.

People may also be able to prove age discrimination by showing disparate treatment. For instance, when an applicant is clearly more qualified but was passed over for a less-qualified, younger worker, age discrimination may have occurred. The final way to prove age discrimination is by showing a disparate impact. With this, people may show that a requirement has a disparate impact on older employees while not constituting a business necessity.

How to pursue an age discrimination claim

People who believe that they have been discriminated against by their employers or by prospective employers based on their ages have the right to file claims. They may file a claim of age discrimination with either the Equal Employment Opportunity Commission or their state agencies. The EEOC or the corresponding state agency may choose to pursue the claim or send a notice of the right for the individual to sue. An age discrimination attorney at Swartz Swidler may help you to navigate through the process.