There are several laws in Oregon at both the federal and the state level that prohibit age discrimination at the workplace in the scope of hiring, promotions, or termination. In this article, we will mention some of these and the basic mechanisms that are in place for you to file claims against any such discrimination. However, before taking any action against your employer you should hire expert an Oregon discrimination lawyer so that they can help you with the detailed legal perquisites and requirements that need to be filed in a claim.
The Age Discrimination in Jobs Act of 1967 (“ADEA”) protects people over the age of 40 from age-based employment discrimination under federal law. Employees and work applicants are also covered under the Age Discrimination in Employment Act. It is illegal to discriminate against an individual because of his or her age in any word, condition, or privilege of employment under the Age Discrimination in Employment Act, including recruiting, firing, promotion, reimbursement, publicity, job perks, & job responsibilities.
It is also illegal to retaliate against anyone for:
- Opposing discriminatory work practices based on age.
- Filing a charge of age discrimination.
- Participating in an investigation, proceeding, or litigation involving age discrimination and testifying.
Employers with 20 or more workers, like state and local governments, are subject to the Age Discrimination in Employment Act, or ADEA. It also applies to trade unions and employment departments, as well as the federal government.
In Oregon, the state law on anti-age discrimination prevents someone who is at least 18 years of age from being treated less favorably because of their age. The law’s prevailing public policy is that a person shall be judged on their merits and not on arbitrary, age-based criteria. It is mandatory for both public and private employers in the state. under state statute, it is a violation of the law:
- To not consider hiring, discharging, or otherwise discriminating against employees or interns on the basis of their pay or terms or conditions of employment.
- To punish the person who has filed a formal complaint or has helped in an investigation or case in court, according to regulations.
- To publish discriminatory advertising on the basis on age, except in cases where age is a protected on the basis of an appropriate factor (BFOQ).
- To discriminate against an individual who is a member of a protected group.
- Incite (provoke) the victim on the basis of age.
As an employer you should not make age-related comments on advertisements or job postings such as “young applicants” while advertising vacancies. Further, forms should not request age or high school/college dates, instead, employers should focus on the education attained by the individual.
Age Discrimination Attorneys in Oregon
It can be difficult to determine whether an act of discrimination actually took place as an employee. There are two important aspects to it. They are whether you were treated differently to other employees when it came to hiring, promotion, or raise and whether your age was a cause for such treatment. If the answer to both these questions are in the positive, then there are strong chances that you were subject to age discrimination.
As a victim of age discrimination, you have to consult an age discrimination lawyer in Oregon for proper guidance and plan of action. Attorneys from Meyer Employment Law are experienced in a large number of employment law and discrimination claims. In Oregon, it is illegal to discriminate against employees during hiring, promotion, raise, or termination solely on the basis of their age. It is important that you consult an attorney with expertise in this area to help you.
Our attorneys have substantial experience representing employees in discrimination claims.
Portland Discrimination Attorney, Robert Meyer
Portland Oregon Discrimination Attorney, Michael Owens
We have experience in all types of employment law cases