Age Discrimination No Company is Too Big to Play Fair.

Age Discrimination Attorneys in Minneapolis

Federal law prohibits age discrimination in employment. Many states, including Minnesota, also prohibit age discrimination in employment. Under federal law, the Age Discrimination in Employment Act (ADEA), it is illegal for employers to discriminate against people who are 40 years of age or older. Under state law in Minnesota, the Minnesota Human Rights Act (MHRA) prohibits age discrimination in employment and expands protection beyond the ADEA to include all persons who have reached the “age of majority,” which Minnesota currently defines as 18 years of age or older.

Age discrimination in employment can occur in many aspects, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and other conditions of employment.

Although off-hand remarks made by coworkers might not be enough to constitute harassment based on age, the harassment might become illegal when it occurs regularly or is so severe that it results in a hostile or intolerable work environment. An employer’s policies or procedures that apply to everyone, regardless of age, can also be illegal if they result in an adverse disparate impact on applicants or employees in a protected age range.

Common Examples of Age Discrimination at Work

The reality is that age discrimination can often have less to do with an older employee’s ability to perform their job and more to do with companies wanting to cut costs. Older workers usually earn substantially higher salaries compared to younger workers who are just starting with the company.

Age discrimination can take many forms. If you believe your age was a factor in an adverse employment action, please contact our age discrimination attorneys so we can discuss your situation and whether you have a legal claim.

The following are examples of age-based discrimination that people commonly encounter in the workplace:

  • Your employer fired you or forced you to retire because of your age.

  • Your employer executed a layoff that had a disparate impact on people in a protected age range (e.g., 40 years and older).

  • Your employer reduced your compensation or benefits, demoted you, or denied you a promotion because of your age.

  • Your employer prefers to hire and promote younger employees or provides them benefits not available to older employees.

  • An employer you interviewed with hired a younger job applicant even though you were the more qualified candidate.

  • Younger employees with the company are given preferential treatment when it comes to work assignments or using job-related equipment.

  • Your employer disciplines you for behavior that younger workers get away with.

  • Your supervisor assumes you aren’t tech-savvy or that you are incapable of meeting the physical demands of the job.

  • Your performance review scores have substantially dropped, despite your work habits being the same as when you were younger.

FAQ: Age Discrimination

Question #1: Can I sue for age discrimination if an employer says I'm “overqualified?”

A: Although each situation varies, employers are prohibited from refusing to hire an experienced job candidate because they assume the person will retire soon or find a new job. If you believe you were refused employment because of your age, let our lawyers analyze your situation so we can determine if you have a case for age discrimination.

Question #2: Do I have to disclose my age on an application or during a job interview?

A: Employers are not prohibited from asking job applicants about their age or date of birth. If a potential employer asks about your age or date of birth during an interview, you should document the incident and consult with a knowledgeable attorney.

Question #3: Who is protected under the Age Discrimination in Employment Act?

A: Employees 40 and older are protected against age discrimination in the workplace if the employer has 20 or more employees. However, not all employees are covered under the Age Discrimination in Employment Act (ADEA). For example, there is a narrow exception for bona fide executives and employees in “high policymaking positions” that could be exempt from the ADEA if certain requirements are met. Police officers, firefighters, tenured faculty at universities, and some federal employees also sometimes have exceptions in their contracts that do not protect them from age discrimination.

If you have questions about age discrimination in the workplace, please call (877) 344-4628 or contact us online to request your free case consultation..

  • Nichols Kaster obtained a successful jury verdict for a BNSF railroad employee on a Federal Railroad Safety Act retaliation claim.

  • Nichols Kaster obtained a jury verdict for a task force Special Agent in South Dakota on sexual harassment and retaliation claims.

  • Nichols Kaster confirmed the standard protecting workers from retaliation for verbally reporting to employer violation of wage and hour law in front of the Supreme Court.

  • Nichols Kaster obtained the second-largest settlement ever paid by the City of Saint Paul in an employment suit.

  • Nichols Kaster obtained a jury verdict for a St. Jude medical device sales representative on a retaliation claim and defeated the company’s counterclaim for violation of a non-compete agreement.

Compassion. Strength. Experience. A Voice for Employees and Consumers When They Need it Most

Our team of passionate, talented professionals work every day on advancing and protecting people's rights. No entity is too big to play fair, so please don’t hesitate to reach out to our firm to discuss the details of your situation.