The Age Discrimination in Employment Act (ADEA) is a federal law that makes it illegal for employers to discriminate against workers over the age of forty. This means not only can you not be fired because of your age, but also that you have to be treated equally when it comes to things like benefits or promotions.
Older workers frequently get passed over for promotions based upon stereotypical ideas: they're not going to hold the position long before they retire, or they're not as likely to come up with new ideas as a younger person, or they don't have the energy necessary for the new role. These kind of insidious beliefs prevent older workers from advancing in their careers, and do a disservice not only to the worker but also to the employer, who miss out on the experience and knowledge an older worker can bring to a new role.
Proving that you were passed over because of your age sometimes can be difficult. While the fact that a younger person got the promotion can be some evidence of age discrimination, more is required. For example, does the employer have a history of only promoting younger workers? Has the decision-maker expressed any ageist sentiments? Does the person who was promoted lack the qualifications or experience that you have? These are the types of questions that need to be asked before pursuing a claim.
If you believe that you were passed over for a promotion because of your age, call the Law Offices of Anthony J. Pantuso, III at 203-726-0284.
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