Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects people 40 or older by making it illegal to use age as a reason to refuse to hire someone or to discharge them. It is also illegal to use age as a basis to discriminate in compensation or other terms of employment. The Act also prevents employers from classifying employees on the basis of age to deprive them of opportunities.

A terminated employee who believes that he was discriminated against on the basis of age must show:

• that he was within the protected age group
• that he was doing satisfactory work
• that he was discharged despite this work, and
• that the position was filled by someone else.

If the employee can show these things, the employer gets a chance to give a non-discriminatory reason for its actions. Examples would include the employee's unsatisfactory performance or qualifications for the job.

If the employer can show a non-discriminatory reason for its actions, the employee must then show that the non-discriminatory reason is a sham.

If you have additional questions about age discrimination in employment, click on the EEOC Weblinks icon on this page. It will lead you to a collection of weblinks that describe how to file a claim of age discrimination or other employment discrimination with the Equal Employment Opportunity Commission.

Copyright 1996 David Trieloff, Esq.

Mr. Trieloff passed away on April 16th, 1998 and is sadly missed by the staff of the Business Know-How where he was a member of the volunteer staff.