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Age Discrimination Protections Start at Age 40

Age Discrimination Protections Start at Age 40

Age discrimination involves treating either a job applicant or employee less favorably due to their age. The federal Age Discrimination in Employment Act prohibits discrimination against people who age 40 or older but does not protect workers who are under the age of 40. Employees and job applicants who are 40 years of age or older at a place of employment with 20 or more employees (under federal law) and four or more employees (under state law) are protected from age discrimination by law. This type of discriminatory behavior includes denying benefits and promotions, laying off or terminating particular employees, adjusting training, and any other term or condition of employment that is based on age. 

At Marshall, Forman & Schlein, we have successfully represented many Columbus, Ohio, clients who experienced age discrimination in the workplace. If you suspect that you have been the victim of this type of behavior, it is worth speaking with an experienced age discrimination lawyer in order to find out more about your options. 

Age Discrimination Includes Harassment

Many people likely do not realize that age discrimination does not just cover hiring and firing practices but harassing an individual due to their age, as well. This can include derogatory or offensive comments about a person’s age. However, it can be difficult to figure out whether a particular type of behavior is technically illegal under the law, as, in some circumstances, teasing or offhand comments do not constitute harassment that is so severe or frequent to create a hostile work environment to constitute an illegal action that results in an adverse employment decision (such as the victim being demoted or fired). Also note that the harasser can not only be a supervisor but also a coworker, client, or customer.

Age Discrimination Includes Policies and Practices With Adverse Impacts

What many people also do not realize is that if an employer’s practices or policies apply to everyone, regardless of age, but end up having a negative impact on applicants and employees age 40 or older, they can be considered illegal as long as they are not based on a reasonable factor other than age. 

Columbus, Ohio Age Discrimination Attorneys

Everyone deserves to work in a non-discriminatory, safe workplace. The Ohio age discrimination attorneys of Marshall, Forman & Schlein are here to provide guidance if you have concerns that your rights have been violated. This also includes any potential retaliatory actions that could be taken against you after reporting such behavior. Contact our Ohio age discrimination attorneys today to find out more about your rights and our services.

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