subject: Making Workplaces Clean Of Discrimination [print this page] Discrimination in simple words can be defined as the variable behavior by one person or a group against another person or group. The behavior can be based on skin color, place or origin, traditional dress, religion, etc.
As science and technology has advanced the filed of genetics progressed too. Now it has made detection of future occurrences of diseases possible. This has scared many employees because they feel they can be discriminated based on genetic information.
Age discrimination is discriminatory behavior of an employer towards his employee based on age. This type of discrimination may affect an employee at times of employment, job hopping, promotion, firing, etc. Age Discrimination Act of 1975 is meant to protect employees in federally aided or federal organization against age discrimination.
There is another act protecting age discrimination in employment called the Age Discrimination in Employment Act (1967). This act has been mentioned in Chapter-14, Title-29 US Code. This act specifically prevents discrimination of employees above the age of 40. This law has implemented a unified retirement age in all sectors. This act is applicable on employers employing more than 20 employees.
Older Workers Benefit Protection Act of 1990 (OWBPA) has further amended the Age Discrimination in Employment Act. This act specifically prohibits denying aged employees from worker benefits prevalent in office.
There has been a lawsuit regarding retaliatory action by the employer for reporting age discrimination. The case took place in US Supreme court in 2008 Gomez- Perez versus Potter. There are some common remedies included in the Age Discrimination in Employment Act. These include:
1) Reinstatement
2) Damages in case circumstances arent in favor of reinstatement
3) Payback for employee.
However, this doesnt prohibit an employer to discipline an employee for a good cause. There should be reasonable other factors associated with age. If there are voluntary early retirement incentives then filing age discrimination lawsuit might prove futile.
There are several other factors that need to be evaluated by an age discrimination lawyer. An age discrimination lawyer is basically an overall specialist in US labor law. There are several types of complicated defense measures that can be taken up by an employer. As a result, if you feel that you have been discriminated based on your age in Ohio, contact an Ohio Age Discrimination Lawyer. Ohio has the 4th best conducive business climate; this doesnt imply absence of discrimination law.
