Everyone has the right to feel safe at their place of employment, and they have the right to be free of harassment of any kind. There are a variety of laws set in place that are meant to protect those rights, and one of those laws is The Age Discrimination in Employment Act of 1967, or simply known as the ADEA. This act is meant to protect those who are age 40 and over against certain acts in the workplace, such as harassment and discrimination. Companies that must comply with this act include employment agencies, private employers with 20 or more employees, labor organizations, and federal, state, and local governments.
In addition to harassment, the ADEA also prohibits discriminating an individual age 40 and over when it comes to the following:
- Job assignments
Sometimes, it can be difficult to know when an offensive remark or comment regarding a person’s age can officially be known as harassment, but this is something your attorney can help you to better understand. The ADEA defines harassment as constant remarks that eventually create a hostile or extremely uncomfortable work environment. In some cases, an individual may feel that because they are constantly attacked because of their age, they have no choice but to find a new job, or they may dread returning to work each day.
Managers aren’t the only ones that may be the harassers, either. Anyone at the company may need to abide by these policies, including coworkers and supervisors in other departments. A person may fall victim to age-related harassment even when they are dealing with a customer or client while at work. The age of the other individual is also irrelevant; if the individual harassing you about your age is also over the age of 40, this has no bearing on whether you are protected under the ADEA.
In addition to on-the-job harassment and discrimination directly related to age, the ADEA also prohibits these types of actions when it comes to apprentice programs, pre-employment inquiries, and advertisements and job notices. Through the Older Workers Benefit Protection Act of 1990 (OWBPA), it is also unlawful for companies to deny benefits for employees based on their age.
Dealing with constant negative remarks like this shouldn’t have to be tolerated, and many people are pushed to the point where they eventually seek further action. In some cases, victims of harassment and age discrimination are retaliated against when they speak up about what’s happening, or when they file complaints. They might be fired, as a result, treated even worse while at work, get demoted, and so on. The ADEA also prohibits this type of retaliation when it comes to age discrimination, and many people in this situation often find that they have no other choice than to seek legal action.
If you are currently working with an attorney in an age discrimination lawsuit, you may be in a financially difficult situation if you were forced out of your job. You may have been fired or laid off due to your age, or due to the constant harassment and mistreatment at work, you may have been forced to quit abruptly. All of this may have happened without having a new job lined up. Even if your lawyer is confident in your case, waiting on settlement money can be unpredictable and these lawsuits may take a while to finalize. If bills and expenses have been piling up while you’re in between jobs, you may have a way to receive money through a process known as a lawsuit advance. Contact USClaims today to learn more about our pre-settlement funding services.