I miss summer – cookouts, fireworks, baseball, and, for thrill seekers, going to the amusement park! As a child, every year, I looked forward to my family’s annual trip to the amusement park. I would run through the park, intent on riding every roller coaster I could! Of course, there were many roller coasters that I was “too young” or “too short” to ride as a child, and I always felt like I was missing out on the fun! But every year that I got older (and taller) meant there were more and more opportunities available to me!
As a child, the world seemed to operate on a simple principle: the older and more experienced you were, the more opportunities and benefits were available to you. However, the reality is often far from this ideal. As we have discussed in our previous blogs, older workers are all too frequently face age discrimination and are denied career opportunities that their younger counterparts take for granted. This is a clear injustice that we must all stand against.
What Protects Employees Against Age Discrimination By Employers?
In recognition of the discrimination that older employees face, the federal government enacted the Age Discrimination in Employment Act of 1967 (“ADEA”). This federal law prohibits employment discrimination against individuals who are 40 years of age or older. The ADEA applies to employers with 20 or more employees, including state and local governments.
The ADEA prohibits discrimination in all employment aspects, including wrongfully firing, firing, promotions, compensation, and job training. It also prohibits using age as a factor in decisions regarding layoffs or workforce reductions.
Under the ADEA, it is illegal for employers to use age as a basis for employment decisions or to use age-related criteria that disproportionately affect older workers. The ADEA also prohibits retaliation against employees who file age discrimination complaints or participate in related investigations. The remedies available to employees who have been discriminated against include hiring, reinstatement, back pay, and compensation for any damages resulting from the discrimination.
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How Can I Show That My Employer Discriminated Against Me Because of My Age?
To establish an age discrimination claim under the ADEA, an employee must either present direct evidence of discrimination or prove the following prima facie elements:
- Membership in a protected class: The employee must show that they are a member of a protected class (in the case of age discrimination, the employee must show that they were over 40 years of age.)
- Adverse employment action: The employee must show that they suffered an adverse employment action, such as being fired, demoted, harassed, or denied job benefits, that was motivated by discriminatory intent.
- Qualification for the job: The employee must show that they were qualified for the job or position in question at the time of the adverse employment action.
- Replaced by or similarly situated employees: The employee must show that they were replaced by a worker outside the protected class or identify one or more similarly situated employees who were not members of the protected class and were treated more favorably.
If the employee can establish these elements, the burden then shifts to the employer to provide a legitimate, nondiscriminatory reason for the adverse employment action. If the employer provides such a reason, the burden then shifts back to the employee to show that the employer’s stated reason is pretextual or a cover-up for discriminatory intent.
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What Counts As An Adverse Employment Action?
An adverse employment action will support an employment discrimination claim if the Court determines that the employer’s act is significant enough to alter the terms or conditions of an employee’s employment. Such actions may include refusal to hire, promote, or transfer an employee, demotion or reduction in pay, termination of employment, denial of benefits or leave, harassment, assignment to a less desirable job or shift, or reduction in job responsibilities.
In Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 762 (1998), the United States Supreme Court held that an adverse employment action “requires an official act of the enterprise, a company act. The decision in most cases is documented in official company records and may be subject to review by higher level supervisors.” On the other hand, minor employment actions, which could be described as “mere inconvenience[s] or an alteration of job responsibilities,” are not actionable.
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The question of what constitutes an adverse employment action for the purpose of age discrimination was recently at issue in legal action brought against Cedar Point, one of the amusement parks I loved as a child. According to a lawsuit, in 2021 and 2022, Cedar Point provided its out-of-town seasonal employees with temporary housing at a significantly reduced rate. However, Cedar Point implemented a policy prohibiting employees over the age of 30 and older, other than entertainers, from living in employee housing. Because of Cedar Point’s age-based policy, older out-of-town workers could not resume their seasonal employment, while other older employees were denied the benefits their younger coworkers received.
The lawsuit correctly alleged that such conduct violates the ADEA’s prohibition on the denial of equal terms, conditions, and/or privileges of employment based on an individual’s age. By setting different prices for accommodations for employees, Cedar Point created different rules and benefits for employees based on age, which was in violation of the ADEA.
Admittedly, it is rare for an employer to institute such a blatantly discriminatory policy. Most employers are far more subtle with their discrimination. Rather than have a clearly written policy that provides better benefits to younger employees, employers often have “unwritten rules” for older employees. For instance, an employer may deny older employees’ overtime or potential promotional opportunities.
Whether an employer overtly or covertly implements policies and grants benefits, it must comply with the law. This means that an employer cannot have different policies or benefits for employees based on age, race, gender, disability, or religious beliefs.
Why Should I Contact An Experienced Employment Law Firm to Figure Out if I Have a Claim for Age Discrimination?
Contacting an experienced employment law firm is important to determine if you have a claim for discrimination because they have knowledge of the law, can assess your case, guide you through the legal process, protect your rights, and help you pursue maximum compensation. If you think you are being discriminated against on your job because you are over the age of 40, your race, gender, or because of your religion, disability, or LGBTQ+ status, it would be best to call the right attorney to schedule a free and confidential consultation. (Read: What is the Spitz No Fee Guarantee?). Call our top employment lawyers in Ohio, Michigan, North Carolina, and Kentucky to get help now. Spitz, The Employee’s Law Firm and its experienced attorneys are dedicated to protecting employees’ rights and solving employment disputes.
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Disclaimer:
The content provided in this blog is for informational purposes only and should not be construed as legal advice. While we strive to provide accurate and up-to-date information on age discrimination laws, wrongful termination, and related topics, the law is constantly evolving, and individual circumstances can vary widely. Therefore, we strongly recommend that you consult with a qualified attorney to discuss your specific situation before making any legal decisions or taking action based on the information presented here. This blog does not create an attorney-client relationship, and we are not responsible for any actions taken or not taken based on the content of this blog.