Can my employer alter the terms of my employment because of my age?
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.
How do I know if harassment on the job is unlawful?
To be actionable, harassment must be because of your membership in a protected class or your engaging in a protected activity. “Harassment” alone or being subjected to yelling or other mean, demeaning, or unprofessional treatment is not sufficient to support a claim. Conduct which constitutes harassment is viewed by court more narrowly that it is by employees. What have courts said about harassing conduct which is not considered actionable harassment?
- Title VII is neither a general civility code nor a statute making actionable the ordinary tribulations of the workplace. Not every unkind act rises to the level of harassment.
- The ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing are not actionable.
- It is not harassment for supervisors to monitor the performance of their employees.
- Title VII does not provide a panacea for every unfavorable act by management that members of a protected class encounter.
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The information on this web site is made available for informational purposes only and should not be considered legal advice. Persons receiving the information on this web site should not act upon the information provided without seeking profession legal counsel.
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