Age Discrimination In Job Assignments

Age Discrimination In Job Assignments

Under the federal Age Discrimination in Employment Act, it is illegal for employers to discriminate against workers who are age 40 or over in all aspects of employment. One type of discrimination that sometimes occurs is discriminating against older workers in their job assignments. The experienced age discrimination lawyers at Swartz Swidler may be able to help you if you believe that your employer discriminated against you based on your age.

Signs of age discrimination in job assignments

Employers may engage in overtly discriminatory acts, or they may use facially neutral policies, procedures or tests that have a disproportionately negative impact on older workers. Both broad categories of discrimination based on age are illegal. Some common signs that discrimination based on age in job assignments include:

  • Giving preference to younger workers in shift assignments
  • Segregating older workers from younger workers or from customers
  • Making decisions about job assignments based on stereotypes of people who are older
  • Using tests that exclude older workers if the reason is not one that is a reasonable factor other than age
  • Promoting a younger, less-qualified worker over an older worker
  • Can employers assign work based on employees’ ages?

Under the ADEA, employers are not allowed to make job assignments based on the ages of their employees even if the employers think that the job assignments would benefit the older workers. For example, an employer cannot assign an older worker to a position in which the worker would only work with older customers. An employer does not have to give a job to an older worker who does not have the required experience or skill for the position, however.

What should you do if you experience age discrimination in the workplace?

If you think that your employer has discriminated against you in violation of the ADEA, you may need legal help. Proving age discrimination claims can be difficult. The age discrimination lawyers at Swartz Swidler understand how to gather the types of evidence that may help you to prove your case. Call our office today to schedule your consultation.