Under Kentucky and federal law it is illegal to discriminate against or harass someone because of their age. Individuals over 40 are considered a protected classification under the Kentucky Civil Rights Act. The attorneys at Abney & McCarty, PLLC have handled numerous age discrimination actions, recovering damages on behalf of older employees who have suffered discrimination and/or harassment in the workplace.
Age, like race and sex, is the product of the workings of nature rather than the individual’s free choice; once acquired, the status of being over 40 is as permanent and immutable as race or sex. Age discrimination attacks the individual’s sense of self-worth in much the same fashion as race or sex discrimination.
Examples of unlawful harassment and discrimination include:
- Denial of employment/hiring someone just because they are younger
- Making jokes or unwanted comments on the basis of age
- Assignment of undesirable or demeaning tasks only to older people
- Lower pay for the same work
- Denial of training, education or other benefits to older people
- Making a job more difficult to encourage someone to quit
- Reduction in forces/layoffs that disproportionately affect older people
- Terminations that affect older people disproportionately as well as policies that provide training, educational benefits and other benefits only for younger workers may be discriminatory.
What to Do if You Have Been Treated Unlawfully
Many companies have policies regarding anti-discrimination and harassment in their company handbooks. Likewise, they may have reporting requirements that say you must follow a certain channel of communication in reporting harassment, discrimination and/or retaliation. You should follow these procedures and document your actions in writing. Failure to follow these procedures may lead to a denial of your legal right to recover certain damages.
You have a limited period of time to act to protect your rights. Failure to act promptly may eliminate your right to take legal action.
If you believe that you are being discriminated against or harassed because of your age, contact the attorneys at Abney & McCarty, PLLC or call (502) 459-4108 to schedule a free consultation.