Age Discrimination Claims

The number of layoffs in the US is on the rise. So, it seems that age discrimination layoffs are on the rise, too. Age discrimination claims at the Equal Employment Opportunity Commission (EEOC) have increased 29% since December, 2007. As companies have cut jobs, it seems that a disproportionate amount may have come from workers over the age of 40. This is often because older employees are nearing retirement age and because they may earn higher wages. However, workers over the age of 40 are protected by the EEOC through the Age Discrimination in Employment Act of 1967. This statute specifically states that employers may not refuse to hire employees or terminate them due to age. Therefore, even during a declining economy, employers may not specifically target their older workers for layoffs. In addition, workers over 40 must be afforded the same benefits, working conditions and privileges as other workers and may not be segregated. In most cases, mandatory retirement ages are also prohibited.

Fast Facts

  • Age discrimination claims can be particularly difficult to prove, since employers can often point to other factors that contributed to layoff or discharge.
  • Age discrimination is one of the fastest growing fields of law.

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