discrimination on the basis of age

The Age Discrimination in Employment Act ("ADEA") makes it illegal to discriminate against individuals 40 years or older with respect to the terms and conditions of their employment. That is, an employer cannot terminate, demote, or take any other adverse action against an individual because of his/her age. The ADEA allows for economic and liquidated damages. An employee who believes he/she has been the subject of such discrimination must, if they want to pursue a claim under the ADEA, file with the Equal Employment Opportunity Commission a charge of discrimination.

There is sometimes what the courts refer to as “direct” evidence of age discrimination. This is where the relevant decision-maker has made disparaging statements about an employee’s age or about older individuals in general. Such evidence does not automatically lead to a finding of an ADEA violation, but it does require the employer to present strong evidence the adverse action in question arose from something other than the employee’s age.

Most allegations of age discrimination, however, rely on “circumstantial” evidence. This is where there is no direct evidence of ageist views, but the circumstances surrounding an adverse employment action suggest age might be a factor. An example of this is where an employer terminates an employer who is over the age 40 and replaces the employer with someone who is significantly younger. Numerous terminations of older employees and their replacement with younger employees can also be evidence of discrimination.

Under Oregon law, it is illegal to discriminate against older workers. It is, however, also, in Oregon, illegal to discriminate against younger workers. That is, the Oregon law applies to all employees (18 and up) and prevents age (whether the individual is relatively old or relatively old) from being a factor in hiring, firing, and terms and conditions of employment.