Age discrimination isn’t often spoken about in Texas, but it can be as volatile as any other kind of discrimination in the workforce. Federal and state laws restrict employers from being able to discriminate against job applicants and employees due to their ages.
The federal Age Discrimination in Employment Act, also known as the ADEA, directly prohibits employers from discriminating against someone who is 40 years or older simply due to their age. The ADEA is clear about the rules of the law.
First of all, no one can be discriminated against due to their age. Discrimination may not happen during the application, interview, promotion, hiring, or termination aspects of the job. If you notice that a job application has an age limit, this is only legal if the age limit is an occupational qualification due to business necessity. For instance, if an acting job asks for an elderly part, the team may be able to ask for actors age 70 and older.
The ADEA also states that an employer is unable to reduce your health or life insurance benefits simply because you’re an older employee. You have protection against being “downsized” with the company due to your age, and you can’t be forced to take an early retirement. Of course, if you have to take action against your company, it’s not able to retaliate against you because you did so.
If you feel your rights have been violated as a worker due to your age, speak with someone familiar with workplace discrimination laws. You have rights, and if they’ve been violated, you deserve the compensation and justice that a lawsuit can provide.
Source: FindLaw, “Age Discrimination in Employment” Oct. 30, 2014