Age Discrimination Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Age Discrimination, written in plain English, along with examples of how it is used.

What is Age Discrimination?

n. also called anticipatory repudiation, it is a term used in law of contracts that describes a declaration by one party (the promissing party) to a contract that they do not intend to live up to their obligations under the contract.

History and Meaning of Age Discrimination

Age discrimination is defined as the unfair treatment of an individual based upon their age. It involves treating an employee or job applicant unfavorably because of their age; this can happen to anyone of any age, but it is generally targeted towards individuals who are over 40 years old. Age discrimination can occur at any point during the employment process or even after employment, including hiring, promotion, wages, dismissal, and benefits.

Age discrimination has been an issue for many years, even though various countries have attempted to curb such behavior through antidiscrimination laws. The Age Discrimination in Employment Act (ADEA) of 1967 was passed in the United States to help protect employees over the age of 40 from discrimination in the workplace. Many other countries have also followed suit and enacted similar laws that prohibit age discrimination.

Examples of Age Discrimination

  1. A company is hiring for a position and decides not to consider an applicant who is over 50 years old, despite having all the necessary qualifications for the job.
  2. An employer gives an older employee smaller bonuses than younger employees who performed at a lower standard.
  3. An employee is continually passed up for promotions despite meeting all necessary qualifications, to make way for younger less qualified employees.
  4. An employer lowers an employee's pay after they turn a certain age, citing that they receive "senior discounts" elsewhere, despite the employee still performing the same work.

Legal Terms Similar to Age Discrimination

  1. Sex Discrimination: Treating an employee or job applicant unfavorably because of their sex.
  2. Racial Discrimination: Treating an employee or job applicant unfavorably because of their race.
  3. Gender Identity Discrimination: Treating an employee or job applicant unfavorably because of their gender identity.