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How to determine signs of ageism

On Behalf of | Feb 8, 2021 | Employment Law

Age discrimination is stereotyping or unwarranted bias against someone because of their age. Read on to learn about age discrimination and how to determine the signs of ageism in the state of Indiana.

What constitutes age discrimination?

If you believe that your employer is making harmful decisions based on your age, that falls under the Age Discrimination Employment Act. The Act is a federal mandate developed to protect anyone 40 years or older against age discrimination in the workplace.

Age bias can show up in various ways. The Age Discrimination Employment Act covers the following situations:

  • Your employer hires a younger person for a job you’re qualified for.
  • A recent job evaluation gets a negative rating because you’re not flexible when it comes to projects.
  • You’re let go to make room for younger workers who receive less pay.
  • During layoffs, most of the persons laid off are older while younger workers with less experience and seniority keep working.
  • You’re turned down for a promotion that goes to a younger hire.
  • Before firing you, a supervisor made age-related remarks about you.

How Indiana law sees age discrimination

The federal discrimination act automatically applies to all local, state and federal employers with 20 or more employees. That number isn’t as clear cut as it seems. Unfortunately, varying court decisions have made determining employee count difficult.

A lawyer experienced in these matters may need consulting to see if a company legally has 20 or fewer employees. This is important as a company with fewer than 20 employees can still be held accountable for age discrimination. To clarify the issue, check out this site.

It can be a challenge to prove a case of discrimination. You need strong evidence of unfair practices, such as exclusion, harassment or favoritism. If you believe you have a case, it might be best to consult with an attorney experienced in employment law.