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It is not required by law that all employees be treated equally. Employees hired at different times, with different backgrounds and qualifications may be paid and treated differently in the workplace. It is illegal, however, to treat employees differently based on what is known as an individual's "protected class". The protected classes as defined by federal and state law are: sex, race, religion, national origin, physical or mental handicap, age, and perhaps personal appearance and sexual orientation. In the case of age discrimination, federal law specifically protects those 40 years and older from discrimination. This means that two employees with the same skills, same performance, same experience and same responsibilities cannot be paid differently merely because one employee is over 40 years old.
Age discrimination in the workplace is not limited to hiring and firings. Promotions, pay raises, job assignments, overtime, recall or any other term or condition of employment is protected and those decisions cannot use age as a factor. The court looks at four factors when determining whether you have a discrimination case:
1. Are you a member of a protected class?
In the case of age discrimination, this question can be read as "are you 40 years of age or older?".
2. Are you qualified for the job?
Qualification is a legitimate basis for employment decisions. Therefore, it is important to any discrimination case, that you prove you were sufficiently and/or equally qualified for the job.
3. Were you terminated, suspended, demoted or held back because you are a member of a protected class, in this case, over 40 years old?
There must be a relationship between your membership in a protected class and the decision making process of the employer.
4. Were you injured as a consequence of the discrimination?
There must be an adverse effect on you, the employee. Lost wages and emotional suffering are two examples of adverse effects.
If you feel that you have been subjected to age discrimination in the workplace, and you have suffered damages as a result, you may benefit from a consultation with an attorney at the Zipin Law Firm.
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