Age discrimination refers to treating someone (job seekers or employees) in a less favorable way because of their age.
Age discrimination against persons 40 years of age or older is prohibited. The Act does not protect workers under the age of 40, although some states have laws to protect young employees from age discrimination. If both employees are 40 years old or above, it is not illegal for employers to prefer older employees to younger ones.
Among the discrimination, both the potential victims and the perpetrators have reached the age of 40.
Age Discrimination and Work Situation
The law prohibits discrimination in any aspect of employment, including employment, dismissal, wages, job assignments, promotions, layoffs, training, benefits and any other terms or conditions of employment.
Age Discrimination and Harassment
It is illegal to harass someone because of his age.
Harassment includes offensive or derogatory remarks about a person's age. Although the law does not prohibit simple ridicule, random comments or isolated incidents that are not too serious, harassment is illegal if it is frequent or serious, causing hostility or aggression in the work environment, or leading to adverse employment decisions (such as the victim's dismissal or demotion).
The harasser can be the victim's supervisor, other supervisors, colleagues or people who are not employees of the employer, such as clients or customers.
Age Discrimination and Employment Policies/Practices
Employment principles or practices applicable to all persons, regardless of age, may be illegal if they have a negative impact on job seekers or employees aged 40 or above.