Employee Issue:

Age Discrimination

Federal and state regulations prohibit companies from discriminating against potential and current employees because of their age. Specifically, the Age Discrimination in Employment Act (ADEA), a federal law, prevents companies from discriminating against workers and applicants who are at least 40 years old on the basis of age.

If you have been fired, demoted or otherwise discriminated against because of your age, fill out our free case review form. A workplace discrimination attorney will evaluate your claim, at no cost to you, to determine whether you are eligible for an age discrimination lawsuit.

The Age Discrimination in Employment Act

The following list explains the major provisions in the Age Discrimination in Employment Act:

  • Under the ADEA, employers cannot discriminate against employees or applicants based on their age at any point in the employer-employee relationship. This includes the application process, interview, hiring promotion and firing.
  • The ADEA also applies to help wanted ads, compensation, job evaluations, job assignments and disciplinary actions. Job listings can only feature age limitations if the position requires a worker of a certain age or age range to carry out the job tasks.
  • According to the ADEA, employers cannot cut health or life insurance benefits for older workers.
  • The ADEA strives to prohibit employers from discriminating against older employees when downsizing their workforce.
  • Under the ADEA, employers cannot force older workers into early retirement.
  • Employers cannot retaliate against employees who exercise their rights under the ADEA. For instance, an employer cannot fire a worker for filing an age discrimination claim.

ADEA Claims

To show that an employee experienced age discrimination in the workplace, he or she must prove that an adverse action was taken because of their age. However, this is often difficult to prove. Simply showing that the employee was replaced by a younger worker is not evidence enough to win an age discrimination lawsuit, although this fact may strengthen the claim. Liability can only be placed on an employer if the worker can show some adverse and intentional action was taken because of their age.

Waiving Your ADEA Rights

An employee can waive their rights under the ADEA to receive a severance package or similar benefit from their employer. However, the waiver must meet specific standards to be considered valid. The ADEA waiver must be clearly written; specifically refer to ADEA rights; suggest the employee meet with an attorney before signing; allow the worker 21 days to sign and a week to revoke the agreement; and not include clauses waiving future rights or claims.

Age Discrimination Attorneys

Employees have the right to be free from age discrimination in the workplace. If you suspect you have been discriminated against because of your age, our age discrimination attorneys may be able to help. To have your case reviewed for free, fill out the free case review form on the right.