What is Age Discrimination?
Age discrimination occurs when an applicant or an employee is discriminated against because of his or her age. “Discrimination” includes decisions that affect hiring, firing, promotions, job assignments, layoffs, training, fringe benefits, pay, and any other term or condition of employment.
The Age Discrimination in Employment Act (ADEA) and the Wisconsin Fair Employment Act (WFEA) protect employees who are over the age of 40 against unlawful discrimination. Laws prohibiting age discrimination were enacted to promote the employment of older workers based on their ability and job performance rather than their age, and to limit unjust age limits and age discrimination in the workplace.
What is Not Age Discrimination?
- If an individual is under the age of 40
- If the employer favors an older employee over a younger one, even if both employees are over the age of 40
- If the individual is over the age of 40 but unable to perform his or her job duties
- If the employer varies the employee’s insurance coverage according to age
- If the employer exercises an age distinction in hiring when knowledge and expertise to be gained is required for future advancement to a managerial or executive position
- If the individual will be exposed to a physical danger or hazard
Harassment on the basis of age is illegal, too.
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