• The Age Discrimination in Employment Act protects workers over the age of 40 from unfair practices.work image by nutech21 from Fotolia.com
  
  The federal government provides anti-discrimination protections in several categories for American employees. One such protection is age discrimination. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the Age Discrimination in Employment Act (ADEA), which ensures that older workers will not be deprived of jobs or promotions.
  
  

Eligibility

• The Age Discrimination in Employment Act applies to all businesses with 20 or more employees. Any employee at least 40 years of age can file an age-discrimination claim with the Equal Employment Opportunity Commission if he feels victimized. The law covers any current employee, former employee or applicant. Discrimination can also occur when both the discriminator and complainant are over 40 years of age.
  
  

Harassment

• The ADEA prohibits harassment of a person because of his age. This harassment can be from the person's direct supervisor, another supervisor, a coworker, or customers. The most common type of harassment is offensive comments toward a person because of his age. The ADEA does not prohibit simple teasing or isolated incidents. The harassment becomes illegal when it creates a hostile working environment or affects an employee's status, such as causing a firing, demotion, or lack of promotion.
  
  

Work Status

• While it is not illegal for an employer to favor a younger employee over someone past 40, it is illegal to favor the person solely because of age. It is also illegal to make decisions that negatively impact employment based on age. Examples of negative impact include demotion, failure to promote, firing, or refusing to hire. The law also applies to awarding of any fringe benefits.
  
  

Filing a Claim

• Employees wishing to file an age discrimination claim must file with the EEOC within 180 days of the offense. This statute of limitations extends to 300 days if the state where the offense was committed also carries a law prohibiting age discrimination. The complainant must file the claim in person or in writing to any field office, detailing the name, address, and telephone number of both the complainant and the accused; the number of employees at the business, if known; a short description of the events that took place; when the events took place; and why the person considers the events to be discriminatory. The EEOC will then investigate the claim and follow up if necessary. The EEOC may ask the employer and employee to agree to mediation.