Age Discrimination

The Age Discrimination in Employment Act was signed into law in 1967, and a few years later Texas adopted a similar state statute prohibiting illegal age discrimination.  These laws were put in place to protect older employees from being forced out of their jobs, or being ignored for positions by employers because the employer believed that these employees were too old for the job.  These statutes were designed to protect all employees over forty (40) years of age from being treated differently merely because of their age, and it has been praised by many commentators as increasing the prosperity of the United States by ensuring that some of our most highly skilled and productive citizens are allowed to remain in the workforce.  

However, many employers refuse to hire or disproportionately lay off older employees because of inaccurate perceptions about ability, or the desire to hire “young blood.”  Until these attitudes are broken, older Americans will continue to be the victims of this illegal discrimination. For a brief overview on what evidence is used to establish an illegal age discrimination case, go to Spotting Illegal Discrimination.   

Please note that only significant employment decisions are considered to be a violation of these laws, such as decision involving hiring, promoting, compensating, or terminating.  However, these same laws do provide protections for illegal age harassment and retaliation.  

If you have a dispute relating to this workplace issue and you believe the situation would best be resolved through mediatoion, please contact us by email. We look forward to the opportunity to serve you.

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