Discrimination
Seniors are often the target of discrimination-some intentional and some not. Either way, know when you are being discriminated against and demand your rights.
SIDEBAR: Both federal and state laws forbid discrimination based on age. This applies to employment, housing and participation in federal aid programs.
What is the Age Discrimination in Employment Act (ADEA)?
The Age Discrimination in Employment Act forbids employers from discriminating against an employee based on his or her age. The law applies to employees and applicants over the age of 40.
Most states have also enacted similar laws.
TIP: Check with your local librarian to see whether any community service groups have information available about age discrimination in your area. Also, contact the nearest Equal Employment Opportunity Commission (EEOC) office for more information.
Some of my benefits have been cut back at work since they cost more for older workers. Is that okay?
No. The Older Workers Benefit Protection Act of 1990 forbids employers from denying benefits to older employees. The only way for an employer to lower benefits is if the cost of providing reduced benefits to older workers is the same as the cost of providing reduced benefits to younger workers.
I am disabled. What protections do I have under the law?
The Americans With Disabilities Act (ADA) prohibits employers from discriminating based on a disability. Many states have enacted similar laws. The law applies to private employers with more than 15 employees and prohibits discrimination based on both actual and perceived disabilities. This means that your employer cannot fire you because he or she thinks you cannot perform your essential job functions based on a mistaken belief as to your "disability."
To qualify for protection under the ADA, you must be able to perform the job's essential functions with or without accommodation. This means that your employer is not discriminating against you by demoting you because you cannot lift more than 15 pounds when the job requires lifting 20 pound boxes on a regular basis.
TIP: If you think you have been a victim of discrimination, talk with your employer. Chances are you can figure out a solution that fits both of your needs. If no solution is reached, you must file a complaint within a specific amount of time, depending on whether you file under the ADA or state statute.
How does the Fair Housing Act protect older people?
The Fair Housing Act prohibits discrimination in any activities relating to the sale, rental or financing of dwellings because of race, color, religion, sex, handicap, family status or national origin. This Act protects older, handicapped Americans. If you have a disability, a realtor or landlord cannot discriminate against you based on that handicap.
TIP: If you think you have been the subject of discrimination, contact the nearest Equal Employment Opportunity Commission (EEOC) office for more information.
TIP: Many states have enacted state laws and regulations forbidding age discrimination in housing contracts. Check with your local library or social services office to find out about the laws in your state.
How can the Equal Credit Opportunity Act assist me?
The Equal Credit Opportunity Act (ECOA) prohibits creditors from denying you credit based on your age. A creditor will normally ask questions about your income, expenses and may ask your age if relevant to your ability to repay a loan. The use of your age is strictly regulated under the Act.
TIP: If you are denied credit, make a written request for the reasons. If the problem continues, you may sue the creditor and recover damages, including attorney's fees and punitive damages.
What other discrimination issues should older people be aware of?
The Age Discrimination Act forbids discrimination based on your age in any federally funded program. This includes federally funded housing, welfare and health and rehabilitation programs.
TIP: Contact your regional Office for Civil Rights in person or in writing if you feel you have been discriminated against because of your age. Or you can write to:
Director
Office for Civil Rights
U.S. Department of Health and Human Services
200 Independence Ave. S.W.-Room 506-F
Washington, D.C. 20201