Dallas age discrimination lawyers represent clients in Dallas, Texas and surrounding areas in employment discrimination on the basis of age. Federal and Texas employment law prohibit employers from discriminating against employees forty and older. If your employer discriminated on the basis of age and you are over forty then you should contact a Dallas age discrimination lawyer right away. Age-based discrimination claims are complicated because the rules for pursuing a claim are technical. Failing to follow those rules can result in losing your claim forever.
Age discrimination at work in Dallas, Texas
The Age Discrimination in Employment Act (ADEA) and Texas Labor Code prohibit age discrimination in employment. Age discrimination happens when an employer treats an employee or applicant less favorably on the basis of age. Under both the ADEA and Texas Labor Code an employer may not discriminate on the basis of age against workers forty and older. An employer can discriminate against employees or applicants younger than forty. This distinction exists because employers, as a whole, are more likely to discriminate against older workers.
Age discrimination occurs when an employer treats an employee or applicant who is forty or older less favorably than another employee or applicant on the basis of age. It may take place in hiring, firing, layoffs, demotions, promotions, pay or benefits decisions, or through harassment. Age discrimination often takes place in hiring and layoffs where employers often employ age stereotypes about energy, strength, or health in employment decisions. Industries where age discrimination is common include IT, manufacturing and hospitality but any Dallas, Texas employee over the age of forty may be the victim of age discrimination.
Dallas, Texas age discrimination claims
Texas age discrimination claims are complex employment law claims. They require a pre-suit process to preserve claims before a lawsuit may be filed. The standard to prove an age discrimination claim is much higher than many other types of employment discrimination lawsuits. For these and many other reasons you should hire a Dallas age discrimination attorney to assess your claims and represent you. Working with an experienced Dallas age discrimination lawyer gives you the best opportunity to recover on your claims. An age discrimination claim may recover lost wages, attorney’s fees and other damages. In limited cases a court may order reinstatement of a terminated employee.
Often age discrimination occurs in several ways including:
- Hiring younger employees to bring in employees believed to be more energetic, more in line with the company’s image as youthful, more tech savvy
- Creating a reduction in force that targets all the older workers
- Creating job postings that target younger workers or discourage older workers
- Making job decisions for hiring or promotions using age as a stereotype for lacking the ability to adapt or adopt new technology
- Hiring younger employees because they are perceived to be cheaper or physically more capable
In addition to these common forms of age discrimination, the Older Workers Benefit Protection Act (OWBPA) requires employers to give older workers at least forty-five days to consider a severance agreement and seven days to revoke agreement to it. If your employer fails to meet this requirement then you may have an additional claim for age discrimination.
Employment lawyers in Dallas, Texas for age discrimination
Dallas, Texas employment lawyers represent clients in these and other age discrimination claims. The sooner you begin working with an age discrimination lawyer in Dallas, Texas the sooner you can start building a strong and effective case.