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Most Important Age Protections in the U.S.

With the economy continuing to thrive, the rate of unemployment is lower than ever. For residents of Colorado, this is good news. At the same time, it isn’t necessarily easy for everyone to get a new job. Individuals age 40 or over may have difficulty securing new employment opportunities due to their age. It’s essential to understand the law and the protections available for older workers.

When thinking about age protections in this country, many think of laws that protect children, forgetting that seniors require security as well. Discrimination against aging individuals has happened at many organizations, and it wasn’t until a decade ago that the term “ageism” became popular. During the last economic crisis, many older workers either went back to work or sought new employment, finding that HR departments all over the country were exploiting ways to favor younger workers.

History of Labor Laws in the United States

Many laws in the United States prohibit employers from discriminating against workers based on their age. They are enforced by the Civil Rights Center and include three chief rules, including the Worker Investment Act of 1998, which outlines protections for individuals over the age of 40 who are either currently employed or who are seeking employment; the Age Discrimination Act of 1975 (ADEA), and the Equal Employment Opportunity Commission’s Age Discrimination in Employment Act of 1967.

The ADEA, enacted in 1967, was amended by the Older Workers Benefits Protection Act of 1990 and section 115 of the Civil Rights Act of 1991. In general, the law prohibits employers from discriminating against a current employee or possible employee due to their age if they are older than 39.

Facts About Age Discrimination in Colorado

There are a variety of different types of discrimination that an older worker can experience in the workplace, including a prospective employer refusing to hire her and instead favoring someone younger for the employment opportunity.

Prohibited Actions Against Older Workers

Certain other situations can come up when an employer discriminates against a current employee who is older than 40. Examples include withholding job promotions and refusing to give an employee a raise in their salary. New protections for workers over age 40 state that employers may not primarily lay off workers based on their age when they are forced to downsize. Companies are also prohibited from asking about someone’s age on a job application or during an interview. Co-workers or managers can’t use ageist terms like repeatedly calling someone “senior” or regularly making age-related comments.

Fighting Age Discrimination in Denver

If you are an employee 40 years of age or older seeking new employment opportunities in Colorado, and you believe you may have experienced discrimination, it’s crucial to get in touch with an attorney to analyze the situation. It is possible that you may have grounds for a claim against your employer.

Call Nathan Davidovich, a Denver-based labor and employment lawyer, at 303-825-5529 to schedule a consultation. The Davidovich Law Firm, LLC has over 55 years of experience fighting for employees facing discrimination in the workplace. We hold a 2015 Clients’ Choice Award for outstanding service and have a 100% Client Recommended Review on, the premier rating service for attorneys.