Protected From Age Bias: Understanding Washington's Anti-Discrimination Laws
Are You Protected Against Age Discrimination in Washington?
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Washington State prioritises fair treatment in the workplace, and this extends to protection against age discrimination. As you navigate your career, it's crucial to understand your rights and recourse options if you face age bias. This article explores who qualifies for protection under Washington's age discrimination laws.
The Washington Law Against Discrimination (WLAD)
The WLAD forms the cornerstone of Washington's anti-discrimination legislation. It prohibits discrimination based on various protected characteristics, including age. The WLAD applies to employers with one or more employees, labour organisations, and employment agencies.
Who is Protected? Understanding Age Thresholds
The WLAD protects individuals aged 40 and above. This means if you are 40 years old or older, you are shielded against age discrimination in various employment scenarios, including:
Hiring and Recruitment: Employers cannot base hiring decisions on your age. They cannot advertise for positions seeking candidates within a specific age range or express a preference for younger workers.
Compensation, Benefits, and Job Assignments: You cannot be denied promotions, raises, desirable work assignments, or training opportunities because of your age.
Termination: An employer cannot fire or lay you off solely because of your age.
Exemptions to the WLAD
There are limited exceptions to the WLAD's age discrimination protections. These exemptions apply in specific circumstances, such as:
The Bona Fide Occupational Qualification (BFOQ) Defense: An employer can argue that age is a necessary job requirement, but they must demonstrate a legitimate business justification for this requirement. For instance, an airline pilot might need to meet specific age limitations for safety reasons.
Tenured Positions in Educational Institutions: Institutions of higher learning can set mandatory retirement ages for tenured faculty positions.
Recognizing Age Discrimination
Age discrimination can be subtle, but some red flags might indicate bias. Here are some examples:
Comments About Age: If you hear interview questions or comments about your age, retirement plans, or being "overqualified," it could be a sign of bias.
Unexplained Passed Over Promotions: Consistently being overlooked for promotions despite strong qualifications could be due to age bias.
Layoffs Targeting Older Workers: If a layoff disproportionately affects older employees, it might be discriminatory.
What to Do if You Experience Age Discrimination
If you suspect age discrimination, here are some steps you can take:
Document Everything: Keep detailed records of any discriminatory incidents, including dates, witnesses, and specific details of what happened.
File a Complaint: You can file a charge of discrimination with the Washington State Human Rights Commission (SHRC) within one year of the alleged incident. The SHRC will investigate your claim.
Consult an Attorney: An employment attorney can advise you on your legal rights and potential courses of action.
Additional Resources
Washington Law Against Discrimination (WLAD): https://www.hum.wa.gov/employment
Washington State Human Rights Commission (SHRC): https://www.atg.wa.gov/
Equal Employment Opportunity Commission (EEOC): https://www.eeoc.gov/
Remember, you have the right to a workplace free from age discrimination. By understanding your rights and taking action if necessary, you can protect yourself and ensure fair treatment in your career journey.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
