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Employers who regularly employ 15 or more workers must give all persons the right and opportunity to seek obtain and hold employment without discrimination or abridgment on account of race, religion, color, national origin, age, sex or persons with disabilities.
The law prohibits employers from making employment decisions based on a potential worker or employee's age, if that person is over 40. If an employer makes employment-related decisions based on the employee's age, he or she has violated the employee's rights.
To have a prima facie case of age discrimination, an employee must establish that: They are 40 years old or older (or the protected age class as defined by state statute) Their job performance is satisfactory. Adverse job action was taken against them (e.g., termination, demotion, or a pay cut)
Under the ADEA, it is unlawful to discriminate against any individual who is 40 years of age or older because of age in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.
The laws enforced by EEOC prohibit an employer from treating applicants and employees who are forty or older differently, or less favorably, because of age. These laws also protect workers who are forty or older from being harassed at work by managers, co-workers, or others in the workplace because of age.