Minnesota physicians, as well as medical doctors throughout the country, are entitled to legal protection from age discrimination in the workplace. Health care facilities are not allowed to use a doctor’s age as a determining factor regarding his or her competency. Nonetheless, age discrimination is reportedly increasing in the United States, which is why it is important to familiarize yourself with the employment guidelines in place that offer protection for older doctors.
Physicians Over 40: You Are Protected
Beyond the age of 40, in general, doctors are covered under the Age Discrimination in Employment Act. This is a federal law that restricts employers from imposing forced resignation or retirement on staff members on account of age. If a doctor is believed to be facing challenges meeting their work requirements due to the aging process, employers must deal with the issue in the same way that they would for disabilities.
Although older employees have been protected from age discrimination for many years, more and more cases continue to occur. In fact, according to the Equal Employment Opportunity Commission, age discrimination cases have risen sharply over the past ten years.
Examples of Potential Age Discrimination Against Physicians
If you are a physician facing age-related discrimination, there are a myriad of circumstances you may be experiencing. You may:
- Be put on, or threatened to be put on, a performance improvement plan.
- Be unjustly targeted for a peer review (this is sometimes referred to as a sham peer review) or a Root Cause Analysis.
- Be threatened with a report to the state medical board or National Practitioner Data Bank (NPDB).
- Be suspended or face administrative leave.
The actions listed above are examples of unfair age-discrimination tactics that medical organizations have attempted to use against our clients in the past. By threatening to damage the physician’s medical reputation and livelihood, the hospital attempts to impose a forced resignation or retirement.
What If You Aren’t Comfortable Suing Your Hospital?
In some cases, a doctor may not want to risk further harm to their reputation by suing the hospital. Nonetheless, if a doctor is facing unfair age discrimination, they still have options available for recourse. We have helped medical professionals in these types of cases come to mutually satisfactory agreements with their employers, so that they are able to part with the hospital on good terms while maintaining their careers and reputations.
Why Are Physicians Increasingly Suffering Age Discrimination In The Workplace?
Many experts believe the uptick in age discrimination against physicians is due, to some degree, to the increase in the amount of middle-aged and older employees who are choosing to continue working later on in life. This phenomenon is occurring throughout the workforce in the U.S., which is why it is becoming increasingly important for age-related employee rights to be understood and upheld by employers.
Physician Age Discrimination: Get Help
If you are a physician who believes that you may have been the victim of age-based discrimination in the workplace, you have the right to seek legal counsel. An attorney can help you protect your livelihood to which you may be legally entitled. Employment Law Attorneys at Tarshish Cody are experienced in defending doctors who have suffered age discrimination by their employer. For a better understanding of the protection you may be entitled to and a Free Case Evaluation, please contact our attorneys at 952-361-5556 or fill out our Free Case Evaluation Form.
