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Has an employer discriminated against you based on age?

On Behalf of | Mar 27, 2023 | Employment Law

Many older people in Idaho wonder if they have been a victim of age discrimination in the workplace. They may have been asked to train younger workers who then take over their job. These workers may even overhear the supervisor telling jokes about older adults. Others have received less desirable job assignments even though they have been with the company longer. They may feel that a person with fewer qualifications got a promotion that should have gone to them.

Age-discrimination law

If the company has 20 or more employees, then the Age Discrimination in Employment Act of 1967 applies to them. It is unlawful for an employer to discriminate based on age when hiring, promoting, firing or conducting any other form of business. Furthermore, it is illegal to retaliate against any employee who files a complaint or who provides information during an investigation.

How to file an age-discrimination complaint

Any applicant or employee over the age of 40 who feels that they have been discriminated against can file a complaint with the Equal Employment Opportunity Commission.

Age-discrimination litigation

The person who feels that they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission first, according to employment law. The commission has 90 days to provide the person with a right-to-sue letter or dismiss the case. Often, you will have the right to try to mediate your case using a third-party mediator. If you decide to pursue the employer in court, the case will go through a discovery process before going to trial.

Persons over the age of 40 who feel they have been discriminated against because of their age must first file a complaint with the federal government before taking the employer to court.