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Age Discrimination

Fort Worth Employment Attorney :: Dallas Employment Attorney :: Wrongful Termination Lawyer

age discrimination 40 lawyer attorney texas fort worth dallas ADEA older workerAge discrimination is an unlawful form of discrimination against employees or applicants over forty based upon their age. Age discrimination is prohibited by both the Age Discrimination in Employment Act (ADEA) and Texas law. Employers are prohibited from treating employees or applicants over the age of forty less favorably than younger employees or applicants on the basis of age. Age discrimination claims are complicated and require a high level of understanding about how discrimination law works and how particular facts come together to prove a claim of unlawful age discrimination. Working with a href=”http://www.kielichlawfirm.com/”>age discrimination attorney Adam Kielich can help you protect and prosecute your claim to get the justice you deserve.

How age discrimination occurs in the workplace

Age discrimination is prohibited in any part of the employment relationship, from hiring practices through termination. If you are forty or older, discrimination on the basis of age is unlawful when it has a negative effect on obtaining or keeping a job as well as the terms and conditions of employment. Common ways age discrimination can occur:

  • Job advertisements
  • Recruiting
  • Application processes and applicant screening
  • Interviews
  • Pre-employment inquires
  • Job referrals
  • Job assignments and promotions
  • Compensation (both pay and benefits)
  • Merit reviews, performance evaluation and raises
  • Disciplinary practices
  • Terminations, layoffs and reductions in force (RIF)
  • Harassment

Two of these are most likely to form the basis of an age discrimination claims. First, the employer’s hiring practices can involve age discrimination. Employers may discriminate in hiring older employees out of a belief (whether true or untrue) that an older applicant is incapable of performing the job on the basis of age alone or that the older applicant will not remain with the company for a long period.

Second, age discrimination commonly occurs in termination practices, including reductions in force (RIF). In a RIF, the employer may seek to reduce its highest paid employees as a cost savings measure but those employees tend to be the older workers. The employer may also want to terminate specific members of management or employees in particular positions because of salary or age to bring in somebody younger or lower paid. These practices are typically prohibited age discrimination.

Age discrimination also occurs through workplace harassment. Harassment occurs when the workplace becomes hostile through the acts of coworkers or management. Harassment occurs through words, pictures, emails, job assignments, threats and even physical contact. Harassment becomes actionable when it negatively affects your job. It is always actionable when management is perpetrating the harassment. If it is your co-workers, it becomes actionable when management has a reasonable opportunity to stop the harassment but fails to do so.

Your employer may also retaliate against you for bringing claims of age discrimination to the attention of management, HR, or a government agency. This retaliation is unlawful and creates an independent claim against your employer. Your right to work free from age discrimination includes the right to report unlawful discrimination and take steps to protect your rights.

Remedies for age discrimination

The law provides remedies to make a victim of age discrimination whole. These remedies range from requiring the employer to hire/reinstate/promote/etc. to paying for economic losses, such as lost wages while you try to find a new job. The specific remedies pursued on an age discrimination claim depend on the negative effects you suffered and what is best for you. If the company was very hostile towards you then it may not make sense to ask the court to reinstate you to your job and instead ask for the company to pay your lost wages. The job you lost may be particularly important to you so reinstatement may be the appropriate remedy. Determining the right course of action is something we will discuss when you hire The Kielich Law Firm to represent your age discrimination claim.

How age discrimination claims are handled

Age discrimination claims follow the same process as other employment discrimination claims. Age discrimination claims begin with a charge filed with the federal (EEOC) and state (TWC) discrimination agencies who investigate your claims of discrimination. The charge must be filed within a limited period of time after the discrimination occurred to preserve your claims. During the investigation there may be mediation between you and your employer. If there is a finding of discrimination one of the government agencies may decide to file suit against your employer and we will work jointly to represent your claims. If neither government agency decides it has enough information to find discrimination occurred then we will pursue litigation on our own. From there, the case may settle or go to trial.

How The Kielich Law Firm can help you

Age discrimination can have a significant effect on some of your most important working years as you are reaching your maximum earning potential and preparing for retirement. It is important to act quickly on your claims once you begin to experience discrimination in the workplace. The Kielich Law Firm handles all forms of employment discrimination claims and I am ready to work with you to counsel you on the steps you need to take and represent your claims before the administrative agencies and the courts. Age discrimination claims are complex and require the expertise I can provide to represent your claims and fight for the fair treatment you deserve. Contact my office today or visit my blog for more information.

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