Age discrimination occurs when an employee or job applicant is treated unfairly because of their age. While many believe this primarily affects older workers, any worker over the age of 40 can experience age discrimination in the workplace. If you’ve been a victim of age discrimination, you may have the right to file a lawsuit and seek compensation. Understanding your legal rights and the steps to take can help you navigate the process effectively.
What Is Age Discrimination?
Age discrimination involves treating an employee or job applicant unfavorably due to their age. This can include:
- Unfair hiring practices: Being passed over for a job in favor of a younger, less experienced candidate.
- Promotion denial: Being overlooked for promotions that are given to younger employees with similar or lesser qualifications.
- Harassment: Facing derogatory comments, jokes, or actions related to your age.
- Job termination or forced retirement: Being laid off or forced to retire due to your age, rather than your job performance or qualifications.
The Age Discrimination in Employment Act (ADEA) protects workers over 40 from age-related discrimination. If your rights under the ADEA have been violated, you may be able to file a lawsuit.
Steps to Take if You Experience Age Discrimination
If you believe you’ve been subjected to age discrimination at work, it’s important to take the proper steps to protect your rights. Here’s what you should do:
1. Document the Discrimination
Start by documenting instances of discrimination as thoroughly as possible. Keep records of emails, messages, or any other evidence that demonstrates discriminatory behavior. Write down specific incidents, including dates, times, and names of individuals involved. This documentation will serve as important evidence if you file a claim.
2. Report the Discrimination to Your Employer
Most workplaces have procedures in place for reporting discrimination. Inform your employer or HR department of the age-related discrimination you’ve experienced. Be sure to follow your company’s reporting guidelines and retain copies of any written complaints or reports you file. If your employer fails to address the issue, you may need to take further action.
3. File a Charge with the Equal Employment Opportunity Commission (EEOC)
Before filing a lawsuit for age discrimination, you are required to file a charge with the EEOC. The EEOC will investigate your claim and may attempt to mediate a resolution between you and your employer. If the EEOC is unable to resolve the issue, they will issue a “Notice of Right to Sue,” which allows you to proceed with a lawsuit.
How PLBH Can Help You File a Lawsuit
Filing a lawsuit for age discrimination can be a complex process. Working with an experienced employment law attorney from PLBH can help you navigate each step. An attorney can assist with:
- Gathering and organizing evidence of discrimination
- Filing the charge with the EEOC
- Representing your interests in any negotiations with your employer
- Filing the lawsuit if your case proceeds to court
Having legal support can improve your chances of success and ensure that you receive fair treatment throughout the process.
What Compensation Can You Receive for Age Discrimination?
If your age discrimination lawsuit is successful, you may be entitled to various forms of compensation, including:
- Back pay: Compensation for lost wages due to demotion, termination, or denial of promotions.
- Front pay: Payment for future lost wages if you are unable to return to your previous position.
- Compensatory damages: Compensation for emotional distress, mental anguish, or loss of enjoyment of life caused by the discrimination.
- Punitive damages: In some cases, the court may award punitive damages to punish the employer for particularly egregious conduct.
- Reinstatement: You may be reinstated to your previous position if the court deems it appropriate.
What to Do If Your Case Is Denied
In some cases, age discrimination claims may be denied by the EEOC or in court. If your case is denied, you still have options. The attorneys at PLBH can help you appeal the decision and explore alternative strategies for securing the compensation you deserve.
Contact PLBH Today for Legal Support
If you’ve been a victim of age discrimination at work, don’t hesitate to seek help. The attorneys at PLBH are dedicated to protecting the rights of employees and fighting for fair treatment. Contact us at (800) 435-7542 today to schedule a consultation and learn more about how we can assist with your age discrimination case.