Age Discrimination
The federal Age Discrimination in Employment Act of 1967 (ADEA) and Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) prohibit employment discrimination on the basis of age. While the ADEA covers private-sector employers with 20 or more employees and public sector employers regardless of the number of employees, ELCRA law applies to employers with one or more employees. Moreover, the ADEA protects only those persons who are 40 years of age or older while ELCRA refers only to chronological age and does not contain any limitations.
The ADEA is perhaps distinguished from other forms of discrimination laws in that age must be the “but for” cause of the employment action in order for the plaintiff to prevail; there cannot be a mixed motive action. Michigan law does not have that restriction, so there can be multiple reasons for the employment action as long as age is a substantial factor.
Common examples of age discrimination include:
- Forcing an older employee to retire, or pressuring them to retire by constantly asking them about retirement
- Refusing to hire an older individual despite being otherwise qualified for the position
- Giving the best opportunities or jobs to younger employees
- Not allowing an older employee new training
- Promoting a younger person over an older worker
- Showing favoritism towards younger employers and preference against older employees
- Threatening an older employee with termination if he or she does not retire
- Reductions in force that disproportionately affect older workers
- Supposed job elimination, only to be replaced by a younger person
If you are the victim of age discrimination, contact The Schipper Law Group today or call us at (248) 729-2414. Our age discrimination attorneys will explain all of your rights, explore every option, and provide you with aggressive representation when needed. We have a proven track record of achieving successful outcomes inside and outside of the courtroom.