Tips to Avoiding an Age Discrimination Claim in Virginia

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In 1967, the Age Discrimination in Employment Act (ADEA) was passed to protect people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Our firm can help you if your establishment is undergoing an investigation for age discrimination. Or, if you are an employer seeking out preventative measures, continue reading and give our skilled Chesterfield County age discrimination attorney a call today. Here are some tips to keep in mind: 

Tip #1: Check The Wording On Job Advertisements & Applications

Use appropriate wording for your advertisements:

  • Set a salary range balanced with the duties of the position.
  • Ask people to “refer friends and colleagues” without specifying an age range.
  • Do not have a line asking for the candidate’s age on the application.

Tip #2: Be Careful What You Say In The Pre-Screen Interview or the Rejection Call

Do not make offensive comments about someone’s age that could direct to discrimination or harassment. For example, you cannot say:

  • “You seem a little old to be applying for this job. Do you think you would fit in with the other employees?”
  • “We are looking for young) individuals who can grow with the company.”

Tip #3: Make Your Anti-Age Discrimination Policies Known

This is important because, in all honesty, when was the last time your employees read the handbook? More importantly, when was the last time you read it?

As the owner, manager, or HR Professional, you need to notify your employees that discrimination of any kind will not be tolerated, including discrimination on the basis of age. This message should be included in training sessions, company-wide meetings, and should even be posted on the bulletin board!

Increased employee awareness of age discrimination will reduce the likelihood that employees will engage in such behavior.

Tip #4: Document!

Even following all of the above-mentioned tips will not prevent you from undergoing a workplace investigation. The best way to be prepared for this is by documentation. You should use those employee files to keep up-to-date records on all employees. Important information to include would be documentation from the interview process, any performance issues, and absences/attendance issues. 


If you need help with an employment law matter in the state of Virginia, you can count on Passero Employment Law to effectively represent your interests. If you would like to discuss your matter, please contact Passero Employment Law today.

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