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Age Discrimination
By
David Day |
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Employees who have been forced to retire, have been terminated, or have been
otherwise discriminated against on the basis of their age have rights under
federal or state discrimination laws. Before filing any type of suit to
pursue these claims, the victims of discrimination should file a charge of
age discrimination in writing with the Federal Equal Employment Opportunity
Commission. These claims can be pursued through the EEOC, or the claimant can
seek a right to sue letter from the EEOC allowing the claimant to pursue a
private lawsuit.
In most circumstances, an employee has the right to work without any
discrimination based on age; however, special treatment to someone because of
age does not yield a successful claim. If the employer has a legitimate
business reason for making his decision which for whatever reason impacts
someone between the protected age categories, such action does not constitute
actionable discrimination.
In my experience, there are numerous business decisions made which affect
people between the ages of 40 and 70 but do not result in a successful age
discrimination claim. If you feel that you are the victim of age
discrimination, it is important that you gather as many facts about the
incidents leading to your claim for discrimination, including your employer's
reasons for the discrimination and document as much information as you can.
This will help verify if you have or have not been the victim of age
discrimination. |
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