Age discrimination occurs when an employer (or co-worker, supervisor, or another individual at the workplace) discriminates against another person because of his/her age. The discrimination can involve harassment, contributing to a hostile work environment, or it can involve adverse impacts on the victim's career and prospects, such as hiring/firing, promotion, unfair opportunities for younger workers, and so on.
Age discrimination in Missouri workplaces is a violation of federal and state laws, yet it still occurs with frightening frequency. In fact, in 2013, the EEOC received over 21,000 complaints about age discrimination.For this reason, if you feel that you're being discriminated against because of your age, call the KC employment law attorneys at Popham Law as soon as possible.
What is the Age Discrimination in Employment Act
The Age Discrimination in Employment Act is one of the most well-known, and used, federal laws in these cases. The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination on the basis of age in terms of hiring, promotion, discharge, compensation, or terms, or conditions of employment. This act applies to any employee over 40 years old. In short, an example of a violation of the law would be denying an employee fringe benefits solely because of the employee's age. It's important to note that ADEA applies to employers with 20 or more employees.At the state level, the Missouri Human Rights Acts protects individuals over 40 (and less than 70) from age discrimination. This act applies to employers with 6 or more employees.
Examples of Age Discrimination & Harassment in the Workplace
Discrimination and harassment can either be "in your face" or quite subtle. Either way, it's important to understand the difference between isolated incidents, violations of law, and actions that wouldn't be a violation of law. Because every situation is different, you can find confidence and legal expertise and insight by calling a Missouri employment discrimination attorney.Nevertheless, here are some common examples of what age discrimination and harassment might look like:
- An individual is asked his/her age at the job interview, and he/she is unsuccessful because the employer said, "We need a more mature person for the role."
- An older, 55-year individual applies for a job and the employer asks, "Why do you want this job at this late stage in your life."
- An individual is an employee at a shop but is made redundant and replaced by a younger person. The manager reveals that he/she wants a new, "upbeat" feel to the shop in order to attract younger customers.
- An employee notices that younger employees are receiving training on new equipment. When the employee asks why he/she isn't getting invited to the training, the employer tells the employee that he/she is getting too old to learn new tricks.
Exceptions to Age Discrimination Protections
It is essential to remember that employers have rights as well, and so there are a few exceptions to the federal Age Discrimination in Employment Act of 1967. These exceptions include:
- Hiring a person to provide domestic or personal services in a home, including the care, instruction, or supervision of children. For instance, a person of a certain gender and age may be needed to help with toileting, showering, and rehabilitation.
- The employer discriminates when it is reasonable to protect the physical, psychological, or emotional well-being of children in the employer's care.
- Hiring a person of a particular age when age is a genuine occupational requirement, such as drama or artistic performances, photographic or modeling work, or when it's needed for authenticity or credibility. (Bona fide occupational qualification - BFOQ).
- Employers that are members of an Indian (Native American) tribe are amongst the excepted employers.
It is important to note that, in Missouri, employers can fire individuals for a wide range of reasons. The business does not violate ADEA as long as it can prove that the individual was fired on other grounds (not age, or any of the protected classes under Title VII of the Civil Rights Act of 1964).
What to Do If You're Being Discriminated Against
If you're being discriminated or harassed at work, then it's essential to speak up. One problem with age discrimination is that the victims are intimidated and/or fear retaliation; in other cases, it's just difficult to prove that an employer was discriminating against you because of your age. Furthermore, the 2009 Supreme Court decision, Gross v. FBL. Financial Services, Inc., further restricted age discrimination claims as, because of this case, you (the plaintiff) needs to prove that age was the sole reason for discrimination.However, there are a few things you can do:
- File a discrimination claim with the state administrative agency, the Missouri Commission on Human Rights (MCHR)
- File a discrimination claim with the federal administrative agency, the Equal Employment Opportunity Commission (EEOC)
Don't delay in filing your claim, as you must file your claim with the MCHR 180 days of the date you believe you were discriminated against; you have 300 days after the discrimination to file with the EEOC.
Contact the Popham Law Firm for Your Discrimination Attorneys
Victims of age discrimination may be able to recover remedies in the lawsuit, including:
- Back pay
- Hiring
- Promotion
- Reinstatement
- Front pay
- Liquidated damages
- Payment of attorney fees, expert witness fees, and court costs
If you were discriminated against because of your age in a Missouri or Kansas City workplace, make sure to not hesitate and call the leading KC employment law attorneys at Popham Law. Consultations are always free, so call today at (816) 221-2288.
