Posted on behalf of Phillips Law Group on May 23, 2018 in Employee Rights
For the last 50 years, the Age Discrimination in Employment Act of 1967 (ADEA) has provided valuable protection for workers over the age of 40 from workplace discrimination.
However, older employees still consistently report higher incidences of discrimination, including failing to be hired or promoted at the same rate as younger employees.
If you are denied employment opportunities based on your age, a dedicated employment law attorney in Phoenix can assess your claim to determine if it qualifies as age discrimination.
The ADEA is a federal law that protects employees and job applications who are 40 or older from discrimination based on their age. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC) and applies to the following areas of employment:
Arizona provides additional protection to employees 40 or older under the Arizona Civil Rights Act, which applies to employers with 15 or more employees.
The ADEA provides significant protection to workers and applicants. The law specifically prohibits the following acts:
Employers are also prohibited from intervening with any investigation the EEOC conducts regarding an age discrimination claim. This includes retaliating against the employee who filed the complaint or any employee who assists in the EEOC’s investigation.
If you believe you have been discriminated against at your workplace because of your age, you are entitled to file a claim with the EEOC.
The EEOC requires you file your claim within 180 days of when the discriminatory act occurred. Your employer will then be informed of the EEOC’s investigation and will be given the chance to remedy the situation.
However, it can be difficult to successfully bring an age discrimination claim against your employer. You will need to provide evidence that shows your employer deliberately treated you differently because of your age and that this treatment altered the terms or conditions of your employment.
You will have to prove that you were treated differently because of your age and did not have the same rights or employment opportunities enjoyed by younger employees.
You should thoroughly document the details of any actions made by your employer. This can include substandard treatment or remarks made about your age or your decision to file a claim. You should collect any emails or office memos during this time that may reflect discriminatory behavior.
Once the EEOC has concluded its investigation, it may decide not to take on your claim itself and will issue a “right to sue” letter.
You will have 60 days after filing a charge with the EEOC to bring a federal lawsuit against your employer and 90 days after you receive the “right to sue” letter from the EEOC. A lawsuit may enable you to recover compensation for any retaliatory actions made by your employer that caused you to suffer financially. Compensation could include:
An age discrimination lawsuit may also correct the discriminatory practices in your workplace and prevent the same type of behavior from occurring in the future.
The Phillips Law Group team of dedicated Phoenix attorneys are committed to protecting the rights of Arizona workers. We are ready to help you fight for your claim against an employer who discriminated against you because of your age.
No fees to start your case and no fees unless we win.
Free consultation by phone: Call 1-800-706-3000 today.
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