Age Discrimination occurs when an employer fails to hire, fires, or fails to promote someone on the basis of their age. It is based on stereotypes that older workers are not as productive as younger workers.
The Age Discrimination in Employment Act (ADEA) provides that:
It shall be unlawful for an employer
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age.
The statute protects employees over the age of 40. The legal framework for establishing an Age Discrimination claim is similar to that of establishing a Racial Discrimination claim.
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