Most employers have the power to terminate people’s jobs for almost any reason. In fact, much of the time, they do not need to provide a justification for firing a worker at all.
While employers can make decisions for almost any reason, they do have to abide by laws prohibiting both retaliation and discrimination. They should not fire workers for using their protected workplace rights. They also should not discriminate when deciding who to hire, promote or terminate.
Both federal regulations and state statutes establish a number of protected personal characteristics. Employers should not consider characteristics such as race, sex or religion when making staffing determinations. Age is also a protected characteristic. In some cases, workers who suddenly lose their jobs may be able to credibly allege that their termination was a manifestation of age discrimination.
Who is at risk of age discrimination?
Age discrimination laws do not apply universally to all workers. Instead, they specifically protect workers who are over the age of 40. Employers do have the right to require a certain amount of experience or an education that younger workers may not have yet obtained.
However, most employers cannot consider a worker’s advanced age as a justification for denying them employment or terminating their position. Older workers, especially those in public-facing positions, such as salespeople, are especially vulnerable to age discrimination that culminates in a worker’s termination.
How do workers prove discrimination?
In some cases, age discrimination is evident due to a pattern in the company’s behavior. If the business consistently fires older workers and replaces them with younger workers who command lower wages, then that pattern of conduct could indicate consistent discrimination against older employees.
Other times, the termination may follow a pattern of mistreatment in the workplace. The professional may have even reported a hostile work environment because their coworkers or supervisor abused them because of their age.
Whether a company chose to fire someone because of their age or retaliated against them for invoking their right to a harassment-free workplace, the affected worker could potentially have grounds for a wrongful termination lawsuit. Proving that age discrimination occurred can help frustrated employees hold their employers accountable for inappropriate and unlawful employment decisions.