What You Should Know About Age Discrimination In The Workplace
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Age discrimination is one of the fastest growing fields of law. This growth is attributable to the increasing number of aging employees in the workplace, along with new and evolving legal doctrines.
Under the Federal law, known as the Age Discrimination in Employment Act, or ADEA, employers may not discriminate against employees in hiring, firing, or other terms and conditions of employment if they are 40 years of age or older. Minnesota has its own parallel age discrimination law, which does not have any specific age restriction.
A person who is unlawfully discriminated against because of age is entitled to damages, including loss of income, emotional distress, and attorney's fees. Additionally, a judge may double the damage award under Federal law or even award triple damages under state law.
Age discrimination cases are difficult to pursue and hard to prove. To prevail, an employee must show that adverse action was taken because of age. Sometimes, this can be shown by direct evidence of differential treatment based upon age. In most cases, however, direct proof is not readily available and circumstantial evidence must be used.
Merely replacing an older employee with a younger person does not establish age discrimination. Similarly, it is not necessarily illegal to replace an old employee with a high salary with a younger person earning a lower salary. An employer is liable for age discrimination only if the employee is able to prove that there was an intentional action because of age.
For more information about age discrimination or other employment law subjects, please contact us through this site's e-mail or by calling (612) 339-4295.
© 2000 Mansfield, Tanick and Cohen, P.A.