The Age Discrimination in Employment Act of 1967, amended in 1991 by the Civil Rights Act and the Older Worker Benefit Protection Act, prohibits discrimination against individuals 40 and older in the workplace. This discrimination is related to hiring and termination; wages, assignment, transfer, promotion, layoff, recall and job advertisements; recruitment; testing; use of company facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans and disability benefits. If either you or someone with whom you work has reason to believe such discrimination took place, you can report it.
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Things you need
- Workplace with 20 or more employees
Gather evidence, in the form of performance reviews or other records, that clearly exhibit that the quality of work the victim put forth compared with or exceeded that of his peers. If no such evidence exists, you should be prepared to be able to prove, somehow, that age discrimination that had nothing to do with your performance as a worker took place.
Record the evidence of the alleged act of discrimination at hand by clearly writing down the date, time and other vital information regarding the incident(s) that took place. For instance, if the discrimination was in the form of an employer making an inappropriate, negative comment about your work performance in relation to your age, write down exactly what was said to the best of your knowledge, along with the date, time and location in which the incident occurred.
Write your contact information and that of the employer against whom you are filing the complaint--name, telephone number and address. You must also write the number of workers the business employs, if known. Include a short description of the events that took place (including the date and who was involved), how the event was related to age discrimination and sign your name.
Report the incident of discrimination to the Equal Employment Opportunity Commission within 180 days of the date it took place. Some states may allow you to extend this deadline. Federal employees, on the other hand, must contact an Equal Employment Opportunity Counselor within 45 days of the discriminatory incident. File the charge with one of the Equal Employment Opportunity Commission's 53 field offices, which are listed on this website in the "Resources" section of this article. You may submit the report either in person or through the mail.
Wait for the Equal Employment Opportunity Commission to mail you their assessment of your report (should be received within 90 days after the Commission gets your complaint). This letter will signify whether or not you can bring a lawsuit against your employer for the age discrimination claim.
Tips and warnings
- Be sure to keep track of dates, as the age discrimination report process is very time-sensitive. Also, be sure to keep track of details of the discriminatory incident(s), as this will help your case.
- If you bring a case against your employer, he may not react positively. If this is the case, do not get discouraged. It is illegal for an employer to discourage or act negatively towards an employee for filing a discrimination charge.
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