Protecting Older Workers Against Discrimination Act
According to an AARP analysis in 2017, individuals 55 and older had an unemployment rate of 3.4%. This shows us that more and more older workers are staying in the workforce for longer periods of time. While older workers bring experience and knowledge with them into the workplace, they also may “develop disabilities as they age, or existing disabilities may become more significant”, which may result in older workers facing potential hiring discrimination tied to their age. Additionally, employers might consider the retirement age of an employee when discussing promotions or continued employment.
As an “older worker,” which is defined by the Older Workers Benefit Protection Act (OWBPA) as over 40 years old, it is important to be aware of protections that exist for older workers in the state of Ohio.
The age discrimination lawyers at The Friedmann Firm are familiar with the protections that exist for older workers in Ohio. We are here to help you if you believe you might have been discriminated against due to your age. To learn more about the existing protections for older workers in Ohio, read on.
Protection for Older Workers in Ohio – Basic Info
When we look at the protection for older workers in Ohio, it is important to note that protection exists at both the federal and state level. Federal and Ohio law prohibits employers from discriminating against employees and any job applicants that are 40 years of age and older. The federal Age Discrimination in Employment Act (ADEA) and the state of Ohio’s laws clearly prohibit discrimination in relation to any part of employment including:
- The application process.
- Pay rate.
- Layoffs or terminations.
With that in mind as we discuss the protection for older workers in Ohio, employers still retain the right to decide on who they want to hire. Being 40 years old or over does not mean that you are automatically guaranteed a position, promotion, or that you may not be fired.
An employer can choose not to hire based on lack of experience if a potential applicant is not suited to a position or other related reasons.
Protection for Older Workers in Ohio – What to Know About the Laws
Protection for older workers in Ohio is directly tied to the ADEA (mentioned above) and a specific Ohio statute. Let’s look at what the ADEA means for the protection of older workers first.
The ADEA is the law at the federal level that protects the rights of workers over the age of 40. What the ADEA essentially breaks down to is that under it, employers are not able to treat younger people (those under the age of 40) with favor or preference regarding hiring, firing, and other employment aspects.
Under the ADEA, it is also illegal for supervisors, managers, and other individuals in leadership to abuse or mistreats older workers.
The ADEA also serves as protection for older workers in Ohio in another way. Older workers who report age discrimination are protected under the ADEA from employer retaliation.
The Ohio Statute
The specific Ohio statute that prohibits age discrimination is very similar to the ADEA. One of the statutes that serve as protection for older workers in Ohio is O.R.C. 4112.14. This section has a few points to it, but one of the key takeaways is:
“No employer shall discriminate in any job opening against any applicant or discharge without just cause any employee aged forty or older who is physically able to perform the duties and otherwise meets the established requirements of the job and laws pertaining to the relationship between employer and employee.”
Like the protections provided by the federal level ADEA, this Ohio statute ensures that older workers who live in Ohio can file an age discrimination complaint or lawsuit without fear of retaliation from their employer or wrongful termination.
Connect With Age Discrimination Lawyers
For older workers that believe they are facing age discrimination, there are some specific details you will need to consider; including determining if your case will be handled by the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC). Working with experienced age discrimination lawyers can make a big difference.
When it comes to the protection for older workers in Ohio, consulting with the age discrimination lawyers at The Friedmann Firm should be the next step for you. We are here to represent victims facing workplace age discrimination. We offer free consultations, and you can easily make an appointment online. You can also contact us by calling at 614-610-9755 to speak to a member of our team directly.
Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.
Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!
I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.
I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!