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Age Discrimination Lawyer


Age Discrimination Lawyer

What Is Age Discrimination?

These days, many people are becoming more aware of discrimination in the workplace. Unfortunately, there is one kind of discrimination that happens so frequently many don’t even realize it’s taking place—age discrimination. For those who lose their jobs after the age of 40—or even beforehand in several industries—the quest to find a new position can be frustrating and fruitless. Contact an age discrimination lawyer if you find yourself in this position. There are laws in place that have been created to protect employees and job seekers from this pervasive problem.  It should be noted that while age discrimination may be more common during the hiring process it can also take on the form of workplace harassment for an employee.

The Age Discrimination in Employment Act (ADEA) was formulated to apply in the following situations: local and state government agencies, the federal government, employment agencies, business that employ over 20 people, labor organizations that employ over 25 individuals. It’s important to note that the ADEA does not cover members of the military, independent contractors or those who have been elected to public office.

Although it is quite common for job postings to say that employers are seeking a recent college graduate for a given position, this statement raises questions as far as ADEA compliance goes. Businesses that outright request graduation dates and birthdays may be skirting the law as well. For those who feel they may have been discriminated against in one of the above situations, consulting with an employment discrimination attorney who works in this arena can shed light on the legality of a specific scenario. Historically, training programs with certain age parameters have been another way in which some employers have circumnavigated the legal system; this type of discrimination is also not permissible according to the ADEA.

Unless you are an airline pilot or work in another industry that legally requires a certain retirement age, your employer cannot issue demands as to when you must retire. Also, employees and whistleblowers cannot be penalized for bringing a company’s age discrimination to the attention of government officials.

When it comes to age discrimination, job benefits are yet another slippery area. Your employer cannot decrease your benefits due to your age; the ADEA clearly states that employers must spend the same amount on older workers as they do on younger workers. Taking a comprehensive view of how workers over 40 can be taken advantage of, the ADEA exists to protect those whose employment may be at risk.

Am I Protected Under the ADEA?

Age discrimination can be difficult to prove. Evidence must be provided that indicates a certain organization is guilty of terminating or not hiring older workers. Although it can be tricky to ferret out crucial information in these types of cases, an experienced age discrimination lawyer will usually tell you that these kinds of events are rarely isolated. If an entire department that employs mainly older workers has been let go, then chances are that the company in question may have a history of using layoffs to justify terminating the employment of workers over 40. They may use the same tactic within a few months, even. The faster you start working with an age discrimination lawyer, the more quickly a company’s patterns can be discovered and analyzed.

Many people are also not aware that being passed over for a promotion may also fall under the ADEA if you can prove that your age was a decisive factor. Younger supervisors may show favoritism to new or younger employees because they may mistakenly believe that older subordinates may challenge their authority or even attempt to go after their positions. If a supervisor has made frequent comments about your age and other employees have led you to believe that perhaps this was an issue in the decisions being made, then it’s time to explore the fact that you may have grounds for an age discrimination case.

What Do the Statistics Say about Age Discrimination?

Although the ADEA became the law of the land over 50 years ago, age discrimination is still an issue in many workplaces. With an aging workforce—and 20% of American workers age 55 or older—more and more employees are noticing these trends. In fact, the majority of U.S. employees state that they have witnessed age discrimination themselves. Over half of adults believe that this starts to become an issue when workers reach their fifties. Some of the first signs of age discrimination are so subtle that older workers barely even perceive them. They may find that other employees suddenly start to “forget” to invite them to meetings, or they may even discover that they’re the only employee in their department who didn’t receive an incremental raise or small bonus.

Out of the large pool of adults who claim to have witnessed age discrimination, over 90 percent have indicated that the problem is extremely common. With a 2009 Supreme Court ruling making it even more difficult to prove age discrimination, it’s easy to see why so many people seek out an age discrimination lawyer who has dealt with these complex cases in the past.

Should I Hire an Age Discrimination Lawyer?

Although age discrimination cases may require a more detailed analysis than most, this doesn’t mean that you should give up on your quest for justice. One way to find out whether or not you have a promising case is to talk to an attorney that regularly works with these kinds of cases. In the past decade or so, the Equal Employment Opportunity Commission has indicated record numbers of age-related complaints, demonstrating that older employees are fighting back when they see injustice in the workplace.

These days, many employers are skilled at concealing their age discrimination. However, some are not. If you happen to have email or voicemail messages that chronicle your workplace’s discrimination, then you will want to preserve that information. You will also want to put the contact information of possible witnesses in a safe place. When the stakes are this high, you do not want to gamble with your future.

When you work with an attorney that deals with age discrimination, you may discover that your employer—or former employer—would prefer to settle a legitimate case of age discrimination with you instead of going to court. For obvious reasons, many corporations do not want to see their names dragged through the mud. In the age of social media, an age discrimination case can become headline news. Furthermore, many U.S. citizens empathize with the plight of older workers and can identify with them. In cases such as these, an age discrimination attorney will set the stage to make the settlement process easy and streamlined. In these more enlightened times, employees dealing with age discrimination have options. And these options can empower you in more ways than you ever imagined.

  • This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
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Age Discrimination Lawyer
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When I was discriminated and denied a job for being pregnant, I was devastated, overwhelmed, mad and hurt. When I met with Mr. Lipinsky he let me know it was going to be ok, any questions or concerns he answered right away. He made me feel like a friend not just a client, someone I can talk to and would listen. He really looks for your best interest at heart. I looked around for other lawyers before finding Mr. Lipinsky, and he was the only one that trully explained everything to me in detail and spoke to me with the truth with anything and everything dealing with my case. With Mr. Lipinsky you don't only have a lawyer that will fight for what is entitled to you, but a friend that lets you know its ok and things like this happen to the best of us.

- 2011-11-11 - Avvo
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