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AGE DISCRIMINATION

If you believe that your have been subjected to age discrimination, contact a discrimination attorney at the Post Law Firm at (267) 335-3068 for a free consultation and case evaluation. If you are an individual who is 40 years or older, your rights are protected under The Age Discrimination in Employment Act of 1967 (ADEA). The ADEA makes it illegal to discriminate against an employee or a job applicant because of his or her age. Specifically, the ADEA protects older workers against discrimination in discharge, job assignments, leave or benefits, licensing, retirement benefits, hiring, pay, promotion, training, and other employment actions. The key question is whether age was a determining factor in the action taken.

The ADEA also makes it illegal for an employer to retaliate against an employee who opposes employment practices that discriminate based on age. The ADEA's protections apply to both employees and job applicants.

The ADEA applies to employers with 20 or more employees, including federal, state and local governments, employment agencies and labor organizations.

Note that the ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, if an employer makes pre-employment inquiries regarding age, such inquiries may indicate possible intent to discriminate based on age. Also, note that if you enter into a separation agreement or a settlement with your employer in connection with employment termination, specific minimum standards must be met under the ADEA and the Older Workers Benefit Protection Act of 1990 (OWBPA).