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Discrimination & Harassment

Age Discrimination

The law generally prohibits employers from discriminating against job applicants and employees because of their age.

If you believe your age may have been a factor in adverse employment action, contact our age discrimination attorneys to discuss your situation and whether you may have a legal claim.

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Age Discrimination Details

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) forbids employers from discriminating on the basis of age 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 people 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. It is also illegal to harass a person because of age. Although off-hand remarks may not be enough to constitute harassment based on age, the harassment may become illegal when it occurs so regularly, or is so severe, that it results in a hostile or intolerable work environment. An employer’s policy or procedures that apply to everyone, regardless of age, may also be illegal if they result in an adverse disparate impact on applicants or employees in a protected age range.

Examples of Potential Age Discrimination

  • 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.
  • A prospective employer hired a younger job applicant even though you were the more qualified candidate.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.

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