Age Discrimination on the Job
is Against the Law

Workers 40 and older have protection against job discrimination based solely on age.

If you think you may have been the victim of some form of age discrimination in employment, whether in hiring, wages, promotion, training, layoffs, harassment, or any other working condition, you should know about the protection you have under the federal Age Discrimination in Employment Act. The act applies to employers of 15 employees or more, and it covers private businesses, units of government, unions, and employment agencies.

In certain situations, courts have recognized that age can be a “bona fide occupation qualification.” This means that in certain occupations, usually involving public safety, age can be used as a reason for disqualification.
There are also certain federal occupations not covered by the act and a number of exceptions to the general rule against discrimination. Because of the technical nature of this act, it is best to consult an attorney to be sure you do not lose any of your rights.

Does Kansas have an act against discrimination in employment?

The Kansas Age Discrimination in Employment Act applies to employers with four or more employees and protects people 18 and older from age discrimination. Employers with fewer than four employees do not fall under Kansas or federal law.

The Kansas Human Rights Commission (KHRC) investigates all complaints. Further information is available by calling or writing the commission:

Kansas Human Rights Commission
Landon Office Building
900 SW Jackson, Suite 568-S
Topeka, KS 66612-1285
785-296-3206
www.khrc.net

How do I report age discrimination?

If you believe you have a valid complaint, you should take the following steps:
• Follow your company’s grievance procedure.
• File a grievance with your union, if you have one.
• Contact the Equal Employment Opportunity Commission (EEOC), 800-669-4000, and the Kansas Human Rights Commission, 785-296-3206.

Can I sue my employer?

Before an individual can file a civil action, that person must file a charge of discrimination with the EEOC or the KHRC. This must be done within six months from the last day of the incidence. The charge will be investigated and the investigation agency will try to negotiate a solution. If this fails, the individual may sue in civil court.

Source: “Resource Guide for Seniors,” Kansas Department on Aging,” 800-432-3535, www.agingkansas.org .
 

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