Is It Unlawful to Discriminate Against a Person Because of His or Her Age
Multiple federal laws and Ohio’s laws make it illegal to discriminate against people based on their age. It is unlawful to deny people goods, services and opportunities just because they have celebrated a certain birthday.
As an age discrimination law firm in Cleveland, Ohio, The Friedmann Firm focuses on the legal rights of workers and the legal obligations of employers to their employees. The laws that most directly cover older workers is the Age Discrimination in Employment Act (ADEA). Ohio’s laws prohibiting discrimination, codified in O.R.C 4112, also prohibit discrimination based on age.
The ADEA, passed in 1967, makes it clear that employees and job applicants who are 40 years old or older are members of a group that is specifically protected from age discrimination, often called a “protected class.” Workers who are younger than 40 not covered by age discrimination laws in Ohio, but the state does set rules about employing and paying teens who are between the ages of 14 and 18.
In order to comply with the ADEA, a company or agency cannot do things like the following:
- Write job descriptions or classified ads that include specific ages unless falling within a stated age range can be defended in court as absolutely necessary for proper performance of job responsibilities.
- Include language like “youthful” in job descriptions or classified ads to imply that older people will not be welcome.
- Refuse to interview or hire otherwise qualified job applications because they are older than other applicants.
- Exclude employees who are older than 40 years old from training opportunities and consideration for promotions or job advancement.
- Describe older workers as less than capable to the workers’ faces or while talking about their performance with others.
- Pressure older workers to retire or to accept reduced responsibilities and pay.
- Fire older workers for no reason other than their age. Note, however, that some jobs do have statutory or widely accepted retirement ages.
It is generally a good idea to speak with an experienced and knowledgeable Ohio ADA lawyer when you suspect an employer is engaging in age discrimination. This type of illegal employment activity is often subtle and difficult to prove. Even when it appears obvious to a victim of age discrimination what is happening, a manager or supervisor can try to cover up discriminatory intent by arguing that a younger job applicant or co-worker was simply better qualified, did better in interviews, or received better evaluations.
A Cleveland age discrimination lawyer will know how to analyze emails, job postings, personnel records, and corporate policies to identify discriminatory language and practices. The attorney can also work to arrange interviews and take statements from people involved in suspected ADEA violations.
You can schedule a no-cost, fully confidential consultation with an Cleveland employment lawyer by calling our Cleveland offices at 440.703.8550. We also make appointments online through this contact form.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
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My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.