Workplace discrimination takes place when an employee or job applicant is treated unfairly or unequally. An employee may face discrimination because of their race, gender, age, religion, disability, sexual orientation, or national origin.
The Equal Employment Opportunity Commission (EEOC) received 88,531 new discrimination charges in 2024, a 9% increase from 2023. The agency met this increased demand, concluding with 52,080 charges pending, up from 51,100 in 2023.
If you have ever felt unfairly treated at work because of your age, you may be wondering how to protect your job rights. A discrimination lawyer will protect you from unfair treatment by handling the complications of employment law.
Age discrimination attorney Miguel Ramirez says discrimination lawyers are useful in documenting incidents that can boost the chances of a positive outcome for your case.
This article will show you how hiring an age discrimination attorney can help in upholding your rights at the workplace.
Understanding Age Discrimination Laws
Age employment laws protect workers over the age of 40 from being denied job opportunities, promotions, or expected promotions.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination in the workplace of an entity that has 20 or more employees. Under this act, employment has to be determined by qualifications, appropriate experience, and job performance.
You can address your claims to the EEOC if you feel that your rights have been violated. The EEOC enforces federal laws that prevent employer retaliation from occurring. Employees can report any instances of workplace discrimination, including discrimination based on age, without fear of repercussions.
Identifying Signs of Discrimination
Watch out for signs of discrimination in your workplace that could potentially impact your job prospects. Age discrimination can be subtle, and recognizing these warning signs can help a person take appropriate action early on.
Observe how your peers, superiors, and juniors treat you compared to your younger peers. If you start experiencing non-involvement in crucial meetings, social outings, or team projects, it may be a sign of age discrimination.
Beware of circumstances when they denigrate your professional experience or suggest you’re out of touch due to your age! Stay aware of job duties and performance evaluations that seem unfair compared to your peers. Note if your company suddenly gives you less and harsher responsibilities or your performance review shows such inputs against which you can’t defend.
Another sign of age discrimination is when your company dismisses your professional experience or implies that you are out of touch because of your age.
Evaluate your company’s mass retrenchment or training policies to see if they have any provisions that affect senior workers.
Legal Options for Affected Employees
After experiencing age discrimination, it is recommended that you explore your legal options. Keep a detailed record of all instances of discrimination, including the date, time, and any witnesses you can recall. This will serve as the foundation of your legal claim.
After filing a claim, the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agencies will either engage in an investigation of discrimination or will try to resolve the situation.
You may sue your company if the discrimination continues or you are retaliated against after reporting it. You must file an EEOC suit within 180 days of the discriminatory act or 300 days (under state law) in states with anti-discrimination statutes.
You can seek help from support groups or organizations that deal with age discrimination. They provide assistance, guidance, and, at times, legal resources.
The Role of an Attorney
An attorney’s expert legal support is valuable in fighting age discrimination. Attorneys help their clients understand their federal and state rights so that they receive appropriate protection.
An attorney will use their knowledge of employment laws to discover age discrimination in your case and provide personalized counsel. Your attorney will verify any favorable evidence that will support your case.
They can always assist you with the extremely complicated process of filing a complaint with the EEOC or pursuing another legal remedy against the employer involved for age discrimination.
Having an attorney by your side will help you in any negotiation that can affect your claim. Your lawyer will diligently fight for your interests during the legal proceedings.
Experienced attorneys can anticipate problems in your case and devise counterstrategies. You would be more confident in handling negotiations if you hired a skilled age discrimination lawyer.
Steps to Take When Discriminated Against
Aside from documenting the incident, you should approach your supervisor or HR department and inform them about discrimination. Most companies have mechanisms for processing complaints about discrimination, and your complaint will prompt an investigation to start.
If your employer refuses to address your complaints, you can take the matter to the EEOC or your state’s employment discrimination rights office. They will investigate your claim to see if there is sufficient evidence to pursue legal action.
You need a lawyer who specializes in age discrimination and can provide critical insights and guide you through the legal process. An age discrimination lawyer will handle all legal aspects of your case and work to achieve a successful outcome.
