Legal Question in Employment Law in Massachusetts

Age Discrimination

Is there a limit for how old an employee can be to be affected by age discrimination? Does the law cover someone at 68?


Asked on 4/26/08, 7:44 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Age Discrimination

Yes. There is no upward age limit on employees afforded the protections of age discrimination laws. Typically employees as young as 45 years old (the last time I looked into this) can bring claims of unlawful discrimination based on age.

You have a limited amount of time to file a claim of unlawful employment discrimination with the MCAD, so I would urge you to speak with someone in your area as soon as possible.

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Answered on 4/27/08, 11:34 am
Thomas Abdow Abdow Law

Re: Age Discrimination

The original tenor and intent of Age Discrimination in employment laws was to protect older workers from discrimination in the workplace. Persons over 40 years of age were typically automatically part of a protected "class". Being subject to unequal terms and conditions of employment or more blatant discriminatory conduct or acts is also prohibited. The facts of your case are not given in any detail, and providing further information would be purely speculative. Lastly, if you believe you have been discriminated against because of your age or any other factor I strongly suggest that you immediately contact an attorney for an analysis and advice since the statutes of limitation (time periods in which you must make a "charge of discrimination" in order to take full advantage of available remedies) are unusually short when compared to other types of laws. To be safe, consult an attorney right away.

Respectfully,

Thomas R. Abdow, J.D.

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Answered on 4/29/08, 4:48 am


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