Age and experience generally go hand in hand when it comes to the work field, although this does not always determine how skilled a person truly is. While many employers hire someone who possesses the qualities they need in order for their company to continue running successfully, age is not always a factor in choosing who has the abilities to carry out the duties the job entails. Unfortunately, though, many find themselves being turned away from an employment opportunity or mistreated in the workplace due to their age.
Employment and labor law lawyers in Houston, Texas also note that while some employers are in search of a dedicated and knowledgeable worker, they can find one in a person who may be younger than they had hoped for, or even older. Age discrimination comes in different forms and regardless of which one a person suffers from, employees have rights, and one of them is to be given the same pay and opportunity as the next person who may differ in age.
The U.S. Equal Employment Opportunity Commission (EEOC) points out that those who are 40 years or older are protected under the Age Discrimination in Employment Act (ADEA), however this act does not protect those under the stipulated age. It is also noted that it is not illegal for an employer to “favor an older worker over a younger one, even if both workers are age 40 or older.”
So, if an employer has a preference as to who they prefer to work for them based on age, when do circumstances display age discrimination?
Labor law attorneys in Houston highlight that if an employee is treated unfairly based on their age under these given circumstance provided below, it is then considered unjust treatment.
- Being wrongfully fired due to their age
- Not being hired based on age
- Discriminated on which job assignments they can do
- A worker is denied a promotion or training
- An employee is laid off because of their age
Employment law legal representatives in Texas also point out that while it is illegal for a company to discriminate against their workers based on their age, they also cannot harass them because of it either. Some examples of harassment include:
- Offensive remarks
- A hostile work environment develops due to the offensive comments
- An employee if forced to quit due to the conditions and the unfair treatment they are subjected to.
Although the ADEA Act pertains to those 40 and older, never is any employer legally permitted to discriminate or mistreat their employees regardless of age. The EEOC has many laws and acts that prohibit this, and in the event you are currently suffering from such conditions, it is time you do something about it.
USAttorneys features employment and labor law attorneys in Houston, Texas who can sympathize with the struggle you are going through, and will fight for your rights and ensure justice is served to those who deserve it.