Age discrimination is quite common. Unfortunately, it is often overlooked. This is usually due to the fact that Kansas is an at-will employment state, meaning that employers can fire or hire employees based on any number of reasons. However, if your age has been a factor in your dismissal or hiring of another person over you, you may have a case for age discrimination.
Under the Kansas Acts Against Discrimination, it is illegal for employers to discriminate against you because of your age. Under federal law, the Age Discrimination in Employment Act also protects employees over 40 from age discrimination in the workplace.
What is Age Discrimination?
Different treatment of a person on account of his or her age would amount to age discrimination. Age discrimination consists of subjecting an older employee to unfair treatment simply on the basis of age. It can also involve inappropriate comments about the employee’s age. When the unfair treatment or inappropriate comments become so constant that they begin to affect your ability to work effectively, you may be in a hostile work environment. The law protects you from having to work in such an environment.
What Does Age Discrimination Consist of?
Under the Kansas Age Discrimination in Employment Act, there are a variety of different actions your employers may take that could constitute age discrimination. It may involve attitudes, such as an employer who considers you or your work to be outdated or irrelevant because of your age. They may desire an infusion of “fresh blood” and yet blame this on your “lack of performance.”
If you are being subjected to any of the following, you may have a case for age discrimination.
- Being held to different performance or conduct standards than younger employees
- Comments about your age like calling you “grandpa” or asking when you are going to retire
- Less favorable treatment than younger employees who do the same work as you
- Different pay schedules on the basis of age
- Promotion, hiring, or firing practices that are based on age discrimination
- Classifying or segregating employees on the basis of age
What can You do?
If you feel that you have been discriminated against on account of your age, you may want to contact an age discrimination lawyer. You should weigh your options carefully before you decide to file a suit.
Age discrimination cases are of a special nature. This is because employers can generally fire employees for any of a number of justifiable reasons. For instance, they could base their discrimination on a reasonable factor such as the fact that the younger employee has more recent or better qualification than you. Another reason could be that you may be seen as a liability in operating machinery that a younger employee can better handle.
This should not discourage you, though. This is especially because the situations reviewed above are not exhaustive. There could be twists and turns in your case that an experienced lawyer could use to get you the justice you deserve.
Have Questions? Speak to an Age Discrimination Lawyer in Kansas City Today
If you are being subjected to age discrimination in the workplace, now is the time to contact HKM Employment Attorneys. Our team of attorneys stands ready to help and provide assistance.