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Marko Law Firm

Can age harassment be intentional or unintentional?

Age harassment in the workplace can be intentional or unintentional. In some cases, the harassment may be intentional and may involve derogatory or offensive remarks or jokes about a person's age, exclusion from workplace activities or opportunities based on age, or other behaviors that are intended to intimidate, belittle, or humiliate a person based on their age. However, age harassment can also be unintentional, particularly if an employer or supervisor is not aware that their actions or decisions are having a discriminatory impact on employees based on their age. For example, a policy that requires employees to have a certain level of physical fitness or stamina may disproportionately impact older workers, even if the policy was not designed with the intention of discriminating against them. Regardless of whether age harassment is intentional or unintentional, employers have a legal responsibility to prevent and address age discrimination and harassment in the workplace. Employees have the right to report harassment without fear of retaliation, and employers must take appropriate steps to investigate and address any complaints of age harassment or discrimination.

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