Age Discrimination in the Workplace
Age Discrimination
Over time, individuals often gain valuable work experience that can be useful in obtaining new employment later on. When hiring, many businesses look for employees who have prior experience in the field and are familiar with the requirements of that particular position. Unfortunately, applicants may face employment discrimination based solely on their age and not their qualifications.
If an employer practices age discrimination against applicants or employees, the victims may be eligible to pursue legal compensation. Employment laws prohibit employers from making decisions regarding hiring, promotion, and compensation based on age alone, and businesses that engage in such practices may face penalties for their actions.
Employers may attempt to justify age-based decisions by claiming that they wish to groom younger employees for long-term employment at the company. They may also claim that they are protecting the older applicant from being uncomfortable in an office that has a younger workforce. Neither excuse is reason to refuse a qualified applicant.
Businesses are required to give proper consideration to all applicants who are appropriately qualified for the open position. If an applicant does not have the required qualifications or will not reasonably be able to perform the duties of the position, he or she usually cannot claim age discrimination took place. Individuals claiming discrimination usually need to show that the employer made the decision based on age and not qualifications in the hiring process.
Employees can also experience age discrimination within the workplace. If an employer refuses to promote or give pay raises based on the age of the employee, the practice may be considered age discrimination. Again, the law requires that decisions about promotions and compensation should be considered in the fairest possible manner and should be based on eligibility and performance.
Employers can protect themselves against discrimination lawsuits by making sure that all decisions are made based on qualifications and performance. Promotions and raises should be given to employees who display good work ethic and show dedication to the company, and deserving individuals should not be passed over. If decisions within the workplace are made in a fair and justifiable manner, employees will have no claim to employment discrimination.
If you have been the victim of age discrimination when applying for a job or in your place of business, you may be eligible for compensation. For more information about age discrimination and the law, visit the website of the San Antonio employment lawyers of Melton & Kumler, LLP
Joseph Devine
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