As an American employee, you have certain rights, and many state and federal laws exist so that no one takes advantage of you on the job. You may believe you were a victim of workplace age discrimination if your employer fired, demoted or otherwise treated you unjustly because of your age, but to have a legal case, you and your employer must meet specific criteria.
The Age Discrimination in Employment Act details your federal protections with regard to age discrimination, so if you feel you were a victim, the next step involves determining whether the ADEA covers you.
Whom do age discrimination laws cover
Not everyone subjected to unfair treatment on the basis of their age can move forward with a legal case, but if you fit within the parameters of federal or state laws, you may be able to do just that. To be a victim of age discrimination in the federal sense, you must be at least 40 years old and your employer must have a workforce of at least 20 people working under him or her. If your employer does not employ at least 20 people, you may be able to pursue a claim under state laws. In California, there must be a minimum of five employees at a company to file an age discrimination claim.
The ADEA also applies to state and local government agencies and workers, and its guidelines also apply to those in labor unions and employment agencies. There are, however, some professionals not covered under it, such as elected officials and those who work for themselves as independent contractors.
Recourse as a victim of age discrimination
If you are, in fact, a victim of age discrimination in the legal sense, you may be able to pursue a number of remedies following your mistreatment. You may be able to have your position reinstated, or you may receive a promotion, back pay or front pay.
Ultimately, your options as a victim of age discrimination are going to vary based on your specific situation, but if you meet the criteria outlined above, you may be able to move forward with your case.
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