Discrimination of the Elderly in the Workplace

Between 2007 and 2010, the U.S. Equal Employment Opportunity Commission, or EEOC, saw a 17 percent increase in the number of age discrimination complaints, according to a report at its website.

Identification

• Discrimination of the elderly in the workplace occurs when an employer bases an employment or promotion decision on age for a person over the age of 40, according to the EEOC. You cannot, for example, refuse to hire a 45-year old cashier because of age alone.

Pertinent Law

• The Age Discrimination in Employment Act of 1967, or ADEA, contains the most important regulations protecting older workers, according to the Department of Labor. The Age Discrimination Act of 1975 added protection for the elderly in programs that receive federal financial assistance.

Tip

• Report instances of age discrimination in the workplace to the EEOC, although the ADEA only applies to employers with more than 20 employees. State law may expand age discrimination coverage. The ADEA gives you only 180 days to file a report after the incident.