The Age Discrimination in Employment Act (“ADA”) generally prohibits covered employers from discriminating against employees who are 40 years of age or older. An employee or job applicant who is at least 40 years of age may have a claim for age discrimination where the employee or applicant suffers any of the following:
- Being demoted, terminated, denied a promotion, or forced to retire;
- Being excluded from opportunities related to hiring, promotion, or payment increases;
- Having compensation or benefits reduced;
- Being denied a position of employment, where the prospective employer hires an applicant who lacks comparable experience or education;
- Employer retaliation after a lodging a complaint with the employer’s Human Resources department.