Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects employees and applicants over the age of 40 from being discriminated against due to their age.

The Age Discrimination in Employment Act (ADEA)

Your life experiences, work achievements and job knowledge should be valued. As the Baby Boomer generation gets older, age discrimination promises to be more prevalent.
The Age Discrimination in Employment Act (ADEA) protects employees and applicants over the age of 40 from being discriminated against due to their age. It also protects employees from retaliation when they complain that they have been subjected to age discrimination.

How do you know if you are the victim of Age Discriminaiton?

Age discrimination can present itself in many different forms. An older employee may get passed over for promotions in favor of less-qualified employees, because management wants a younger, more energetic office environment or feels younger employees will be more productive and motivated. In other cases, an employer may do a “reduction in force,” where older employees are illegally selected to be laid off, while other, younger and less qualified employees are not selected.

To help determine whether you have been the victim of illegal sexual harassment, ask yourself the following questions:
1. Has your employer been constantly on you about retiring?

2. Has your employer been systematically replacing its older employees with younger employees?

3. Were you terminated or laid off while less experienced, less qualified employees were not?

4. Has your employer made comments about your advancing age?

5. Were you terminated and replaced by someone younger?

6. Were you passed over for a promotion in favor of a younger less qualified person?

How we can help you.

The ADEA provides many protections for the workplace, but, in doing so, creates a complicated legal process for employees to navigate. Whether you have been subjected to discrimination on the basis of your age, whether by a failure to hire, a failure to promote, a termination, or a layoff, are fact sensitive questions that can only be determined on a case by case basis. Employers have a team of people, including lawyers and human resources employees, to help guide them through legal issues. You may find that you need your own team to help navigate this complex process. The attorneys at CLC can help you understand and enforce your rights.

If you feel you have been the victim of age discrimination or you have been retaliated against for complaining about age discrimination, you should do the following:

1. Document Everything.

Take notes during any meetings, and keep a journal of any communications or events that relate to the unfair treatment. Write down the names of people who discriminated against you and those who may have witnessed the discriminatory behavior. Be cautious, however, about making audio recordings, video recordings, or taking photographs in the workplace, without checking your employer’s policies.

2.If you feel you are suffering from age discrimination, complain to your employer according to its policies and procedures.

Be sure that you tell your employer not only that you are being discriminated against, but that you feel it is on the basis of your disability. Although not required, it is best to communicate any complaints in writing.

3. Save all relevant documents.

Save all relevant documents, emails, recordings, records of communication, phone logs, text messages, etc. related to your employment and the violations of your rights.

4. Don’t Quit.

Your job is important to you, and you should not be forced out because your employer is not following the law. Call CLC, and we will help enforce your rights.

Let’s talk about how we can help: