Age Discrimination

Age Discrimination in Employment is Unlawful

Federal and Colorado law prohibit age discrimination in employment.

Murray Law welcomes the opportunity to provide dedicated representation to persons subjected to age discrimination. Steven Murray has successfully represented individuals asserting age discrimination in employment claims, in lawsuits before the United States District Court, including obtaining jury verdicts and resolutions on behalf of clients in actions before the United States District Court for the District of Colorado.

Age Discrimination Law

The Age Discrimination in Employment Act [ADEA], a federal law, prohibits age discrimination in employment. The ADEA covers employers with 20 or more employees, labor organizations, and employment agencies.

The Colorado Anti-Discrimination Act [CADA], a Colorado law, prohibits age discrimination in employment. The CADA applies to employers with one or more employees.

The ADEA and CADA prohibit discrimination against persons who are age 40 or older.

The purpose of the ADEA is to promote the employment of older persons based on their ability, rather than age, and to prohibit arbitrary age discrimination in employment.

The following employer actions are unlawful discrimination because of age.

  • Failing or refusing to hire any individual because of the persons age;
  • Discharging an individual because of age;
  • Discriminating against an individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s age;
  • Limiting segregating or classifying employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect her status as an employee, because of such individual’s age; or
  • Reducing the wage rate of any employee to comply with the ADEA.

The ADEA prohibits employment agencies from: (1) failing or refusing to refer for employment; or otherwise discriminating against any individual because of the person’s age; or (3) classifying or referring for employment any individual on the basis of such individual’s age.

Pursuant to the ADEA, it is unlawful for a labor organization to:

  • Exclude or to expel from its membership, or otherwise to discriminate against, any individual because of her age;

  • To limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, because of such individual’s age;

  • To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

Retaliation

An employer may not retaliate against any employee, former employee, or applicant by taking an adverse action because the individual engaged in lawfully protected activity under the ADEA or the CADA, meaning, opposing practices made unlawful under the law, or participating in investigations, proceedings, or litigation under the law.

Harassment/Hostile Work Environment

An employer may not subject an employee to harassment or a hostile work environment because of the person’s age.

Conclusion

Murray Law welcomes the opportunity to provide provides counsel and representation counsel to any person who believes that he or she has been deprived of the right to be free from age discrimination in employment. Please contact Steven Murray at 720-600-6642.

Resource

The Equal Employment Opportunity Commission [EEOC] provides guidance, explanation, and discussion concerning age discrimination. See https://www.eeoc.gov/laws/types/age.cfm

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