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Call the EEOC at 800-669-4000 or visit the EEOC website for details on how to file a charge. If at all possible, file a charge within 180 days of the discriminatory action or when you first became aware of the discriminatory action, whichever occurred first.
Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act (AREA) forbids age discrimination against people who are age 40 or older.
Definition. Age discrimination in the workplace is the practice of letting a person's age unfairly become a factor when deciding who receives a new job, promotion, or other job benefits. Decisions about terminating employees also cannot be solely based on their age.
A lot of people start to worry about age discrimination around the age of 40, because in the United States it is illegal to discriminate against someone in employment based on their age as long as they are forty years old or older. Oddly, it is not against the law to refuse to hire someone because they are too young.
Choose your legal theory. You can argue an age discrimination lawsuit based either on disparate treatment or disparate impact. Under the disparate treatment theory, you must demonstrate that you were singled out and treated differently than other employees because of your age.
Choose your legal theory. You can argue an age discrimination lawsuit based either on disparate treatment or disparate impact. Under the disparate treatment theory, you must demonstrate that you were singled out and treated differently than other employees because of your age.
An average out of court settlement is about $40,000. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation.
The employee, at the time of the act alleged to be discriminatory, is 40 or older. The employee is qualified for their job position. The employee experiences an adverse employment action.
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