When people go to work, they should be able to do so without fear of discrimination or harassment. The law does outline some protections for employees and identify certain factors or classes that should remain protected.
In addition to race, religion or gender, employees should not be the subject of harassment or discrimination if they are 40 years of age or older.
Age Discrimination in Employment Act
As explained by the United States Equal Employment Opportunity Commission, the treatment of an employee 40 or older negatively based on age may be considered illegal discrimination or harassment. It should be noted that treating an employee differently based on age if the employee is in under 40 may not be against the law.
Promoting an employee under 40 instead of an employee over 40 simply because of age may be one example of discrimination. Similarly, if a 45-year-old and a 55-year-old apply for the same job, hiring the younger applicant because of age may also result in claims of discrimination.
Filing an age discrimination claim in Texas
Some people in Texas may be able to file age discrimination claims with the Texas Workforce Commission. Some criteria must be met, however. First, an employee alleging harassment or discrimination should prepare to prove they experienced some harm or loss due to the actions of the employer. The company must also employ at least 15 people and have a physical presence in the state of Texas. Claims of age discrimination or harassment must be filed within 180 days of the event which the employee or applicant claims was illegal.