The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals 40 years or older. To prove age discrimination, an employee must establish that (1) he or she is in the protected age class; (2) he or she was subjected to an adverse employment action; (3) he or she was qualified for the job; and (4) a younger person filled the position. Under the ADEA the employer's adverse action must be made solely based on the employee's age (also known as “but-for” causation).
Recently, there has been an uptick in ADEA lawsuits in America. In the past year, age discrimination lawsuits have been filed against Lily USA, International Business Machines Corporation (IBM), Hewlett-Packard Enterprise Company, Novo Nordisk, Incorporated, R3 Government Solutions, LLC., and Fischer Connectors Incorporated, to name a few. One reason for an increase in ADEA lawsuits is the average age of retirement has increased. Another reason is that employers tend to associate age with digital skills and therefore focus recruiting younger employees to keep up with the changes in technology. However, disqualifying otherwise eligible employees solely for their age is unlawful.
Employees who believe they have been discriminated against at the workplace should seek legal counsel as soon as possible to understand their rights and determine whether they have a claim.
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