Muskegon Age Discrimination Attorney - Fielstra Shibley, P.C.

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Age discrimination

State and federal laws make it unlawful for an employer to refuse to hire or otherwise discriminate against any individual with regard to any term or condition of employment because of that individual's age. The law prohibits retaliatory actions, age-based qualifications, publications of aged-based preferences and forced retirement. Generally, for one to be successful in an age discrimination claim, it must be shown that the person claiming discrimination is a member of a protected group (probably over forty years of age), was subjected to an adverse employment action, was qualified for the particular position, and was replaced by or passed over in favor of a younger person not a member of the protected group.

Under federal law there is no mandatory retirement age. An employer, however, can demonstrate that age is a legitimate factor to deny one the right to perform a particular job. An employer may not compel, however, an employee to retire based solely on their age.