The Age Discrimination in Employment Act
Title VII of the Civil Rights Act of 1964 prohibited employment discrimination on the basis of race, color, religion, sex, or national origin. It did not, however, prohibit discrimination on the basis of age. For that, a separate act was passed three years later: the Age Discrimination in Employment Act of 1967, codified in 29 USC 621 through 29 USC 634.
What Sorts of Age Discrimination Are Prohibited?
The Age Discrimination in Employment Act (commonly abbreviated as ADEA) contains a general prohibition against age-based discrimination, but it also contains a non-exhaustive list of some practices that are specifically prohibited. These practices include discrimination in hiring, promotions, wages, firing, and layoffs. The law also specifically forbids stating an age preference when hiring for or advertising a job opening. The ADEA also states that an employer cannot force an employee to retire because he or she is too old, even if that employee is over 70. Nor may an employer deny benefits to an older employee that are provided to younger employees.
Is Everyone Protected From Age Discrimination?
No. The Age Discrimination in Employment Act only applies to people older than 40. It does not prohibit an employer from discriminating against a younger person because he or she is too young. The law also only applies to employers with more than 20 employees, although it does include state, local, and federal governments.
Are There Texas Laws Against Age Discrimination?
Yes. Chapter 21 of the Texas Labor Code is called the Texas Commission on Human Rights Act, or TCHRA. It contains many of the same provisions as the ADEA, although it is broader in scope, also prohibiting discrimination on the basis of race, color, disability, religion, and sex.
A Dallas Age Discrimination Attorney Can Help
If you believe that you have been unlawfully discriminated against because of your age, a Dallas age discrimination lawyer can help you determine whether you are able to bring a claim under the ADEA or the TCHRA. For a free evaluation of your case, call the law office of Erick & Thomas at 214-691-6200 to schedule a consultation.