Discrimination Against Older Workers in The Workplace Ohio
Both federal and Ohio law prohibit employers from discriminating against employees and job applicants who are 40 years old or older. Both the federal Age Discrimination in Employment Act (ADEA) and Ohio’s laws prohibiting discrimination apply to all aspects of employment, from job applications and interviews to pay, promotions, and layoffs/termination. At the same time, employers have the right to decide whom to hire, reward with a promotion or raise, and fire. Simply being older than 40 does not mean a person cannot be denied a job, turned down for a raise, or let go. An employer can point to, for instance, a job applicant’s lack of relevant experience, an employee’s poor performance, or its own financial circumstances to justify any of these decisions. The job of an employment attorney is to help an employee collect, analyze, and present evidence that an employer took the action it did because of the worker’ age. Without this evidence, it will be almost impossible to prove an em...