Age Discriminations Claims for Employers or Employees
Employees suffer unlawful discrimination in the workplace for various reasons including race, disability, gender, sexual orientation, or religion. Another form of unlawful discrimination is based on an employee or potential employee’s age. Due to the economic downturn over recent years, companies are looking to save money and often are able to pay younger employees less than older employees for the same work. However, both the federal government and the state of Colorado have laws in place prohibited age discrimination for employees above the age of 40. Colorado’s Anti-Discrimination Act currently protects employees ages 40-70, however there will be no upper age cutoff as of January 1, 2015. If you believe you have suffered illegal age discrimination, you should consult with an experienced Colorado employment law attorney. Discrimination cases can be complicated and difficult to prove, and the relevant laws are consistently being changed and updated. The attorneys at our firms know how to apply current laws to your case to help ensure the best result.
Examples of Age Discrimination
Under the federal Age Discrimination in Employment Act (ADEA) and the Colorado Anti-Discrimination Act, it is unlawful for employers to do the following:
- Refuse to hire or promote a person solely because of age
- Harass, discipline, discharge, or provide unequal pay for the same work due to a person’s age
- Retaliate against any employee who has opposed or complained of unlawful age discrimination or participated in an investigation of such
- Deny participation in training programs because of age
- Make inquiries into an applicant’s age unless based on a bona fide occupational qualification
- Print or circulate an advertisement for employment that expresses a limitation or discrimination as to age, unless based on a bona fide occupational qualification.
According to the Colorado Civil Rights Commission’s regulations regarding age discrimination, it is illegal for an employer to advertise potential employment opportunities using terms such as “young,” “recent college graduate,” or “retired person.” Companies also may not lay off older employees to save money on wages or to try to maintain a “youthful” image of the company. If you believe your employer has unlawfully discriminated against you because of your age, you should consult with an attorney from HKM as soon as possible.