The Age Discrimination in Employment Act of 1967 (ADEA) has protected the rights of workers over the age of 40 for over half a century. But since the Great Recession, age discrimination has steadily increased in the digital age.
In 2015, 33 million Americans over the age of 55 were employed in part- or full-time roles across all fields. The Equal Employment Opportunity Commission (EEOC) received nearly 21,000 complaints of age discrimination in 2017—demonstrating this problem will grow with the aging workforce.
At The Wood Law Office, LLC, we understand that being discriminated against in the workplace for any reason is not only a moral and professional wrong, but can carry legal consequences as well for those responsible. If you are protected by ADEA, it is important to understand your legal rights and protections.
The Digital Age’s Impact
Age discrimination has increased in the digital age thanks to services like LinkedIn, which allows recruiters and hiring managers to access an “extended resume” that includes applicants’ age and career length. This allows hiring managers to favor younger candidates who “can grow with a company or a role” as indicated by their profiles.
According to the AARP’s website, two out of three workers between the ages of 45 and 75 reported seeing or experiencing age discrimination, and job seekers over the age of 35 report it being “a top obstacle to getting higher.”
Job-seekers see a similar trend in the application-to-hire ratios for older candidates, with some industries being 47 percent less likely to hire a middle-aged or older candidate with the same resume as a younger candidate.
To complicate matters further, a 2009 U.S. Supreme Court ruling found that plaintiffs in age discrimination cases must provide proof that age-based discrimination was the deciding factor in their demotion or termination.
Contact an Experienced Employment Attorney
As an employee, you deserve to be recognized for your work ethic and contributions—not discriminated against because of your age. State and federal laws protect the rights of older workers to prevent age discrimination, but unfortunately, it is common to hear stories of older workers being passed over for promotions or fired because a younger employee is being favored.
If you or a loved one has experienced age discrimination in the workplace, The Wood Law Office, LLC is here to discuss the implications of ADEA with you and determine if you have a claim for age discrimination. Contact us to learn more about your rights as an older worker today.