Age discrimination can affect anyone, no matter their race. However, recent studies have indicated that black workers are affected by age discrimination at a higher rate than other races. Despite great strides in employment protection laws, there are still discriminatory hiring practices. Many black workers face discriminatory hiring issues, especially when they are younger and entering into the workforce. Despite strict laws against age discrimination, it still occurs on a regular basis.
Black workers in the United States have higher unemployment rates. There are many reasons for this, including discriminatory hiring practices. However, there are also more systemic issues that affect the unemployment rates among black workers. Black youth attend college at a lower rate, and in the fall of 2019, the unemployment rate for Black workers fell to the lowest level in 50 years. Additionally, there is still an issue of age discrimination among black workers.
In Pennsylvania, an employer cannot discriminate against an employee or potential employee because of their age. There are federal and state laws that protect older employees. The Pennsylvania Human Relations Act and the Age Discrimination in Employment Act protects workers who are 40 years old or older. In order to prove age discrimination, there are certain elements that must be met:
If the employee can establish these elements, then the employer has to prove that a legitimate, non-discriminatory reason was the basis of the challenged employment action. This makes age discrimination cases difficult to prove. However, the employee can still win the case if they can show that the real reason for the adverse employment action is because of their age.
Before you file an age discrimination claim on your own, the best course of action is to contact a lawyer. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. have the knowledge, skills, and resources to take on large employers. We have helped numerous employees get fair and just treatment in the workplace. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.