Is being over 40 a protected class?

Age Discrimination: A Protected Class for Individuals 40 and Over

Age discrimination involves treating an applicant or employee less favorably because of their age. In the United States, individuals who are 40 years of age and older are protected from age discrimination under the Age Discrimination in Employment Act (ADEA) of 1967. The ADEA prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment (U.S. Equal Employment Opportunity Commission, n.d.).

The ADEA applies to employers with 20 or more employees, including state and local governments, labor organizations, and employment agencies (U.S. Department of Labor, n.d.). It prohibits employers from using age as a basis for making employment decisions, including hiring, firing, promotions, and compensation. The ADEA also prohibits policies or practices that have a disparate impact on older workers, unless they are based on a reasonable factor other than age (U.S. Department of Labor, n.d.).

In age discrimination cases, the burden of proof is on the plaintiff to show that age was the reason for the discrimination. However, the 2009 Supreme Court case Gross v. FBL Financial Services, Inc. made it more challenging for plaintiffs to prove age discrimination (U.S. Equal Employment Opportunity Commission, n.d.).

Despite the challenges, individuals who believe they have been discriminated against based on their age should not hesitate to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing the ADEA and can investigate charges of age discrimination, attempt to resolve them through conciliation, and, if necessary, file lawsuits on behalf of charging parties (U.S. Equal Employment Opportunity Commission, n.d.).

Protections and Limitations of the ADEA

The ADEA provides important protections for older workers, but it also has some limitations. For example, the ADEA does not protect workers under the age of 40. Additionally, the ADEA does not prohibit employers from favoring older workers over younger ones, even if both workers are age 40 or older (U.S. Equal Employment Opportunity Commission, n.d.).

Another limitation of the ADEA is that it can be difficult to prove age discrimination. This is because employers rarely admit to discriminating against older workers. Instead, they may claim that they made employment decisions based on other factors, such as performance or qualifications. As a result, it is important for individuals who believe they have been discriminated against based on their age to gather as much evidence as possible to support their claims.

Conclusion

Age discrimination is a serious problem that can have a devastating impact on the lives of older workers. The ADEA provides important protections against age discrimination, but it also has some limitations. Individuals who believe they have been discriminated against based on their age should not hesitate to file a charge with the EEOC.

References

U.S. Department of Labor. (n.d.). Age Discrimination. Retrieved from https://www.dol.gov/general/topic/discrimination/agedisc

U.S. Equal Employment Opportunity Commission. (n.d.). Age Discrimination. Retrieved from https://www.eeoc.gov/age-discrimination

Marcus, B. (2018, May 12). Age Discrimination And Women In The Workplace: How To Avoid Getting Pushed Out. Forbes. Retrieved from https://www.forbes.com/sites/bonniemarcus/2018/05/12/age-discrimination-and-women-in-the-workplace-heres-how-to-avoid-getting-pushed-out/

FAQs

Is being over 40 a protected class?

Yes, individuals who are 40 years of age and older are protected from age discrimination under the Age Discrimination in Employment Act (ADEA) of 1967.

What is the ADEA?

The ADEA is a federal law that prohibits employers from discriminating against employees who are 40 years of age or older. The ADEA applies to employers with 20 or more employees, including state and local governments, labor organizations, and employment agencies.

What are some examples of age discrimination?

Age discrimination can take many forms, including:
– Refusing to hire someone because of their age
– Firing someone because of their age
– Denying someone a promotion because of their age
– Paying someone less than their younger colleagues because of their age
– Harassing someone because of their age

What should I do if I believe I have been discriminated against because of my age?

If you believe you have been discriminated against because of your age, you should file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing the ADEA and can investigate charges of age discrimination, attempt to resolve them through conciliation, and, if necessary, file lawsuits on behalf of charging parties.

What are the limitations of the ADEA?

The ADEA does not protect workers under the age of 40. Additionally, the ADEA does not prohibit employers from favoring older workers over younger ones, even if both workers are age 40 or older.

Can I be fired for being too old?

No, you cannot be fired for being too old. The ADEA prohibits employers from firing employees because of their age.

Can I be denied a promotion because of my age?

No, you cannot be denied a promotion because of your age. The ADEA prohibits employers from denying employees promotions because of their age.

Can I be paid less than my younger colleagues because of my age?

No, you cannot be paid less than your younger colleagues because of your age. The ADEA prohibits employers from paying employees less than their younger colleagues because of their age.