Federal and state laws protect employees from discrimination on the basis of age.

Discrimination can mean a termination, suspension, being passed over for a raise or promotion, being given less desirable job duties, lower quality benefits, or anything else that adversely effects the terms and conditions of a person’s employment. Once an employee complains to the employer or the appropriate government agency about what the employee believes is age discrimination it is also illegal for the employer to retaliate against the employee for making their complaint. It is also illegal for an employer to pass over an applicant for a job position because of the employee’s age.

Harassment of an employee on the basis of age is also unlawful. An employee who is harassed by coworkers, supervisors, or customers on the basis of age should report the harassment to the person(s) in management designated by the company for such complaints. The employer has a responsibility to take all appropriate actions to prevent harassment from happening in the first place and address harassment when it occurs. An employer who fails to take appropriate steps to prevent and address age based harassment is liable for the harassment. It is unlawful for an employer to terminate or otherwise retaliate against an employee for complaining about harassment.

The federal Age Discrimination in Employment Act and the state Maine Human Rights Act each prohibit age based discrimination and harassment. Each of these laws has deadlines for filing a Charge of Discrimination and/or filing suit in Court. For example the Maine Human Rights Act requires an employee to file a Charge of Discrimination within six months of the alleged discrimination and the Americans with Disabilities Act requires that an employee file a Charge of Discrimination within 300 days of the alleged discrimination.

If you are experiencing age based harassment at work, have been discriminated against in employment on the basis of age, or have been retaliated against for complaining about harassment or discrimination, you should contact an experienced employment lawyer.