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Age Discrimination


Dedicated Age Discrimination Lawyers Helping Protect Employees from Age Discrimination in the Workplace for Over 25 Years.

Age discrimination, or agism, occurs when an employer, CEO, manager, supervisor, coworker, or colleague makes unfair employment decisions based on your age. In most cases, age discrimination affects employees over age 40. However, some states consider any age over 18 eligible for a claim of age discrimination.

When facing age discrimination at work, you may fear taking a stand. Maybe you fear retaliation. Maybe you have seen others get fired for speaking up. You may fear wrongful termination because your boss thinks he can intimidate an older employee.

You need a lawyer who understands age discrimination in employment. Your attorney needs to advocate for your rights. Do not back down because your employer says you should.

What Is Age Discrimination?

Age discrimination is when you get treated poorly or harassed at work because of your age. Your harasser can be anyone at work, including your:

What Laws Protect You from Age Discrimination in Employment?

The Age Discrimination in Employment Act of 1967 (ADEA) protects employees and job applicants over age 40 from age discrimination at work. The law protects employees in companies with 20 or more workers. This law protects you from age discrimination in employment, including layoffs and severance agreements.

State laws vary regarding how many employees must work for the firm. They also vary regarding the age considered applicable to discrimination. Some states determine age discrimination to occur even if the employee is under 40. These laws protect the employee or job applicant when told they are too young to do the job, even if qualified. They may also consider employees ineligible for state discrimination protection if they are over age 70.

The age discrimination lawyers at the Derek Smith Law Group can help you determine if the federal or state laws are best to help your case. They will advocate for your rights whether you file a charge with the Equal Employment Opportunity Commission under the federal law or a complaint with your local or state court.

What Are Some Examples of Age Discrimination in Employment?

What qualifies as age discrimination? Some examples of age discrimination may include, but are not limited to:
  • Your employer refuses to give you a promotion. He constantly promotes employees younger and less qualified than you.
  • Your interviewer makes it very clear you are not going to get hired because you are too old for the office dynamics.
  • Your supervisor constantly calls you “old man.” You made it clear it offends you. Nothing changed
  • Your coworker leaves canes and hearing aids on your desk every chance she gets. You complained about it to HR. Nothing changed.
  • Your employer forced you to retire at age 70, even though you made it clear you wanted to continue to work.
  • You were demoted to a lower-paying job after you reached age 55.
  • You were asked your age and date of birth on the employment application for a job where age is not a factor.
  • Your employer restricted your benefits once you reached age 65.

Speak with your employment discrimination lawyer about the age discrimination you suffered in your workplace. Your attorney will help you file your age discrimination claim against your employer and obtain the justice you deserve.

What Are Your Rights as a Victim of Age Discrimination in the Workplace?

Age discrimination has no place in the workplace. The law provides protections for workers under the ADEA and state age discrimination laws. However, the federal government enacted the Older Workers Benefit Protection Act of 1990 (OWBPA). Your employer cannot deny you benefits because you are an older employee.

Many times, employers will systematically weed out the older employees by taking away their benefits. Older employers will then quit. By quitting, employers believe they made a clean split.

The OWBPA prohibits employers from denying older workers benefits for reasons related to age. An older worker who quits because they had their benefits stripped from them may still file a suit for age discrimination in the courts.

In all age discrimination cases, you have the right to file a claim if you were treated unfairly. However, you must prove the negative treatment is related to your age.

You must show that you made your managers, supervisors, human resources department, and/or employer aware of the situation. You need to allow them to handle it through the proper policies and procedures.

If you can prove that your company knew about age discrimination and did nothing to prevent it, you may have a legal claim against your employer.

How Long Do You Have to File Your Age Discrimination Claim?

ADEA claims get filed with the Equal Employment Opportunity Commission (EEOC). The EEOC set the statute of limitations to 180 days to file these claims. If your state offers similar legal protections, the time limit to file jumps to 300 days.

State filing timeframes vary depending on state laws. Some states provide a statute of limitations of 180 days, where others may allow victims several years to file their claims.

Contact an age discrimination lawyer to determine the best laws to fit your circumstances. Your attorney will ensure your case gets filed within the timeframe allowed under the statute of limitations.

When Can You Expect Your Age Discrimination Case to Settle?

Employment discrimination lawsuits can last a few months to several years. The time it takes to settle depends on several factors, including the following:

  • The evidence you present
  • The willingness of the other side to settle
  • The complexity of your claim
  • Your willingness to accept the settlement terms as presented

In some cases, you may find your employer wants to settle as quickly as you do. They provide a fair offer, and your case is over within a few short months.

In other cases, your case may go through to trial. Trials can last several years until the court enters a final judgment.

An experienced age discrimination lawyers can help negotiate a fair settlement early in the process. They can help you negotiate for a settlement throughout the entire process. However, if your employer will not negotiate in good faith, your lawyer can advocate for you in court until the court enters a judgment.

What Remedies Are Available to Victims of Age Discrimination in Employment?

The courts may award some of the following remedies as a result of your age discrimination claim:

  • Reinstatement of employment
  • Reimbursement of related expenses
  • Reinstatement of employee benefits
  • Back pay
  • Future pay
  • Emotional distress
  • Pain and suffering
  • Punitive damages

Your employment discrimination attorney at the Derek Smith Law Group can help you request the relief best suited for your claim.

How Can the Derek Smith Law Group Help You with Your Age Discrimination Claim?

The team of compassionate employment discrimination lawyers has worked to get justice for employees for over 25 years. Whether you work in New York City, Philadelphia, Miami, Los Angeles, or New Jersey, our age discrimination attorneys will work vigorously, advocating for your rights.

Our talented attorneys will work with you to file your initial discrimination claim with the proper employment protection agency. We will advocate fiercely for your rights.

Our attorneys stick with you from the very beginning of the legal process throughout a settlement. If your case goes to trial, our attorneys will stand by your side, advocating for justice until the final judgment gets entered.

Contact Our Experienced Age Discrimination Attorneys for Your Free Consultation

You have the right to work in a workplace in which your age is not a consideration. Suppose you are the victim of age discrimination in the workplace. In that case, the experienced employment discrimination attorneys at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help.

If you experienced age discrimination at work, we want to help. Call our age discrimination lawyers at 800.807.2209 to ask your questions. We never charge for our initial conversation.

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