Law

Age Discrimination in the Workplace: Can You Bring a Legal Claim for Discrimination?

Employers that have at least 20 employees should adhere to age discrimination laws. Thus, they are prohibited from making employment-related decisions based on a person’s age. These decisions include recruiting, terminating, promoting, demoting, interviewing, compensating, and evaluating the job performance of employees. For instance, employers cannot hire younger employees to save money on wages or to assume these workers are more tech-savvy to carry out the duties of a certain job position than older workers. If you think you have been terminated or demoted due to your age, you must consult an employment discrimination lawyer near me to know your legal options.

Can You Be Asked About Your Age?

Employers cannot just freely ask for the age or birth date of a worker. For example, it is illegal to put particular age requirements when posting job advertisements unless the employer can prove this is reasonably essential to their business operation. In addition, asking for the age of a job candidate during interviews may demonstrate the intent of the employer to discriminate by not including older employees for the position. 

Under federal law, harassment due to the age of a person is prohibited. This includes derogatory or offensive remarks regarding the age of a worker frequently and seriously enough to make the work environment intimidating and hostile. Also, it is illegal for employers to retaliate against workers for filing an age-based discrimination complaint or bringing a discrimination claim. The law prohibits discrimination against workers who are at least 40 years old. Unlawful age discrimination can also occur if employers have a practice or policy with a disparate effect on workers over forty years old. 

Steps to Take to Fight Age Discrimination

It can be hard to prove age discrimination in the workplace. Your employer won’t just admit to taking adverse employment action because of your age. Because of this, you need to document certain events and comments made by people in your workplace that demonstrate discrimination against employees who are 40 years old and older. 

If you win a discrimination claim against your employer, you could get compensation for damages such as lost wages and benefits, attorney’s fees, and others. Also, you may be able to have your job reinstated. Before you file a discrimination lawsuit, you should file a discrimination charge with the EEOC and Texas Workforce Commission. An experience discrimination attorney can walk you through the steps you should take when filing a legal claim. 

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