Are the Young Protected from Age Discrimination in Georgia? The Answer May Surprise You

We have all heard the term “age discrimination.” And, logically, what comes to mind for most people is the concept that the law prohibits discrimination against anyone due to their age. But the truth is a bit more nuanced.

In the United States, the Federal Government passed the Age Discrimination in Employment Act (ADEA) which protects workers who are aged 40 or older against age-based discrimination.

Yes, you read that right: the ADEA is not a sweeping law that specifically prohibits discriminating against workers younger than 40, due to their age. It should be noted, though, that some states and local laws may offer that protection.

Read on for some additional discussion on the ADEA and how it operates. For specific advice in your own potential age discrimination suit or other employment law situation, contact an experienced employment law attorney at the Forsythe Law Firm.

Federal Law (ADEA)

The ADEA was enacted in 1967 to serve as a prohibition on employers from discriminating against certain employees because of their age.

Some basic aspects of the ADEA include:

• The ADEA prohibits employers from discriminating against employees who are aged 40 and older if that discrimination is based on their age in hiring, firing, promotions, pay, and other employment terms.
• The ADEA does not offer these same protections to workers who are under the age of 40.

Nobody should have to worry about being discriminated against in the workplace for any reason. This is the ideal that the US Equal Employment Opportunity Commission (EEOC) has been in place to pursue. Many federal and state laws are in place that act to protect employees from bias and unfair treatment based on gender, race, age, religion, and more.

Age Discrimination

Unfortunately, as earlier stated, the ADEA itself does not protect employees under the age of 40. This means that you cannot file an age discrimination claim under this law if you are younger than 40.

This does not mean employees under 40 have no recourse. There are prohibitions on harassment, and other discrimination laws that can help.

For example, if a 25-year-old female employee feels that she is losing out on career advancements being unfairly given to a 45-year-old employee – she should not write her case off as un-winnable, simply because the ADEA age discrimination rules do not apply to her. The merits of the case lie in the details: why is she being passed over for advancement? Is it because of her gender? Is it because of her religion? Is sexual harassment involved?

If you feel you are being treated unfairly at work, speak with a lawyer to see if you have a valid claim. You need to be cognizant of timing in your suit as well – there are certain time limits in play when it comes to filing suits. What this means is – it will serve you well to speak with an expert and determine, quickly, whether you have a case you want to pursue, before time runs out under the law. There are many issues to consider – timing, venue for a potential suit, if adequate documentation exists and how to gather that, etc.

If you have recently faced discrimination at your job, speaking with an employment law attorney can help.

Contact the Forsythe Law Firm

A skilled Atlanta age discrimination and employment law attorney at the Forsythe Law Firm can help you navigate through any potential claim. Contact our office today to learn more.

Sources:

law360.com/employment-authority/articles/2347073/atlanta-seeks-win-in-ex-building-officials-age-bias-suit

eeoc.gov/age-discrimination