How Old Do I Have to be to be Protected?
It’s sort of a sliding scale, but the minimum age is 40, so anyone 40 years and over is protected by the Age Discrimination and Employment Act and the Older Workers Benefit Act. Those are the two federal acts. Tennessee state law also has a provision against age discrimination, the Tennessee Human Rights Act. But it’s not necessarily a finite thing. In other words, if you’re 41, you’re protected by the act, but if you’re terminated and then someone who’s 39 is hired, that may not be enough of a disparity in age to qualify as age discrimination. Typically, we’re looking for cases that where the worker is 50 years or older and their replacement is in their 20s or 30s.
*This is a transcript of the Facebook Live video from 7-5-18 Click here to watch the video.