Tennessee workers may have some understanding of age discrimination in the workplace. They may also have some understanding of the difference between independent contractors and employees. According to a lawsuit from 18 former agents for Farmers Insurance, the company took clients away from older workers and gave them to younger agents. Furthermore, the suit claims that the employees were labeled as independent contractors as opposed to employees.
The designation was given despite the fact that the workers contend that Farmers controlled most aspects of their work. An employer has a responsibility to treat workers over the age of 40 fairly in all aspects of the employment process. This means reviewing job advertising policies and other onboarding activities to comply with the Age Discrimination in Employment Act (ADEA). As a general rule, employers are advised to treat workers 40 and older like they would those with disabilities.
In some cases, an employer may want to consider making an accommodation for an older worker. While this is not required by the ADEA, it can help older workers remain a viable part of the workforce. For example, those who aren’t familiar with a software upgrade could benefit by being trained on how to use it.
Individuals may experience age discrimination in a variety of different ways. Some may not see notices for available job openings or be denied opportunities to learn and grow on the job. Someone who is the victim of an ADEA violation may wish to hire an attorney to help with their case. Legal counsel could gather evidence to be used as leverage in a lawsuit or during settlement talks with an employer.