The Age Discrimination in Employment Act (ADEA) and the Minnesota Human Rights Act (MHRA) both aim to combat discrimination in the workplace, albeit with slightly different scopes and provisions. The ADEA is a federal law that prohibits age discrimination against employees and job applicants aged 40 or older. It applies to employers with 20 or more employees.

On the other hand, the MHRA is a state law specific to Minnesota, which protects individuals from discrimination based on age as well as other protected characteristics. It covers employers with one or more employees, providing broader coverage than the ADEA. Together, these laws work in tandem to safeguard employees against age-based discrimination, ensuring fair treatment in employment within Minnesota. As an employee or job seeker, it’s critical to understand your rights under the ADEA to avoid being mistreated because of your age.

Understanding Age Discrimination

When an employer treats an employee or job candidate differently because of their age, this is called age discrimination. An employee’s age may be subject to disparaging remarks, refusing to recruit someone based on age or elevating a younger employee over an older one based on age.

Age discrimination comes in a variety of forms. It can appear in several ways, including:

  • Promoting younger workers over older, more competent ones
  • Offering fewer perks to senior employees
  • Discharging an employee because of their age
  • Refusing to hire someone because they are over 40 years old
  • Demonstrating an employee because of their age
  • Giving younger employees preferential treatment in terms of job assignments, promotions, or training opportunities

Overview of ADEA

The ADEA, enacted in 1967 and updated in 1986, is a federal law prohibiting workplace age discrimination against individuals aged 40 or above. Employers with 20 or more workers, including state and municipal governments, are subject to the statute.

It provides coverage and protection. All aspects of work are covered by protections against discrimination for individuals, including hiring, promotion, salary, benefits, and termination, under the ADEA. Retaliation against a complaint-filing employee assisted in investigating age discrimination is also illegal.

Employers are prohibited under the ADEA from discriminating against individuals based on age in any employment-related decision. Job ads, interviews, hiring decisions, promotions, layoffs, and terminations are all included. When making these judgments, employers cannot consider age.

Your Rights under the ADEA and MHRA

Hiring employers cannot discriminate against anyone over 40 in hiring under the ADEA and MHRA. Minnesota goes a step further and protects workers, who have reached the age of majority. Employers are not allowed to ask for age information on job applications or during interviews, nor are they allowed to use age as a factor in hiring decisions. The ADEA and MHRA also prevent employers from considering age in promotion decisions. Employees above 40 must be considered for advancement and should not be passed over only due to age.

Employers cannot discriminate against older employees regarding health insurance, retirement programs, and disability benefits. Employers are required to offer the same benefits to all employees, regardless of age. Employers are not allowed to terminate employees because of their age. The employer must provide a valid reason for dismissing employees. The age of the employee cannot be the explanation.

What often gets overlooked is discrimination against younger employees. Minnesota law uniquely covers all workers, starting at age 18, against age discrimination through the MHRA. Younger workers experience discrimination, much like younger workers. Like those over 40, they can struggle getting hired, be passed for promotions, receive dismissive comments to their contributions, and experience other issues regarding their age.

Remedies for Age Discrimination

If you suspect you have experienced age discrimination, it is always a good idea to consult with an employment discrimination attorney. Discrimination attorneys can advise you on your legal rights, help you submit a charge of discrimination to the Equal Employment Opportunity Commission or Minnesota Department of Human Rights, and represent you in court if required.

Call Us

As an employee or job seeker, it is essential to understand your legal rights and to seek legal assistance immediately if you believe you have experienced age discrimination. If you feel that your employer treats or has treated you unfairly because of your age, call us at (612) 294-2200.