Age Discrimination Attorney

You deserve the same fair treatment for your hard work as all other employees in the workplace—regardless of gender, race, or age. 

Unfortunately, age discrimination is a growing concern, especially as the modern workforce becomes more diverse and people are working longer into their lives. 

Ageism in the workplace is not only wrong; it’s illegal. The Age Discrimination in Employment Act of 1967 is a federal law that protects employees from age discrimination in the workplace. This means you have federally-protected rights and protections against age discrimination at work, so you—and no one else—should ever have to experience it.

What Is Age Discrimination?

Age discrimination occurs when an employee or job applicant is treated unfavorably due to their age. While it can affect both younger and older workers, it most commonly targets individuals over the age of 40. Discrimination may involve various aspects of employment, including hiring, firing, promotions, benefits, job assignments, or training opportunities. In some cases, older employees may also face harassment or be pressured to retire early.

The primary law that protects workers from age discrimination is the Age Discrimination in Employment Act (ADEA). Enacted in 1967, the Age Discrimination in Employment Act prohibits discrimination against employees who are 40 years or older in any aspect of employment. This law applies to private employers with 20 or more employees, as well as to federal, state, and local governments.

In addition to the ADEA, many states have their own laws that further protect employees from age-based discrimination. Some states, for example, extend protections to younger workers or lower the threshold for the number of employees a company must have to be covered by anti-discrimination laws.

Common Signs of Age Discrimination

Age discrimination can manifest in different ways. Sometimes, it’s subtle, while other times it’s more overt. Here are some age discrimination examples:

Unfair Hiring or Promotions

This type of age discrimination shows unfair career consideration of qualified candidates based on their age rather than their ability. For example, you’re qualified for a job or promotion, but younger, less experienced candidates are chosen.

Harassment

Offensive remarks or explicit harassment about your age can lead to a hostile work environment. For example, you face derogatory remarks or jokes about your age in the workplace.

Receiving Unfair Performance Reviews

Being subject to unjust criticism because of stereotypes about older workers being less capable or adaptable is ignorant, unfair, and illegal. For example, your performance reviews suddenly worsen without reason as you age.

Forced Retirement

Your employer can’t pressure or force you to retire before you're ready. An example of this is being offered a retirement package when you didn’t ask for one.

Being Laid Off or Terminated 

If you experience a layoff or termination while younger, less-experienced employees are retained or promoted, then you may have a discrimination case against your employer.

It’s important to note that employers can make decisions based on performance, business needs, or other non-discriminatory reasons, but they cannot use age as a factor in employment decisions

How to Prove Age Discrimination

If you believe you’ve been a victim of age discrimination, gathering evidence is crucial. Proving age discrimination can be challenging, but some key forms of evidence may help strengthen your case.

• Documented patterns of younger workers being treated more favorably (such as promotions, pay raises, or better job assignments).
• Emails, memos, or other communications that suggest age was a factor in a decision.
• Performance reviews that suddenly become negative after you reach a certain age, despite no change in your performance.
• Witness testimony from coworkers who can corroborate your claims of discriminatory treatment.

Filing an Age Discrimination Claim

To hold an employer accountable for age discrimination, you typically need to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for enforcing the ADEA.

• File a Charge with the EEOC: Before filing a lawsuit, you must first file a charge of discrimination with the EEOC. This must be done within 180 days of the discriminatory act, though some states have extended deadlines.
• EEOC Investigation: After filing your claim, the EEOC will investigate the matter. They may request documents, interview witnesses, and attempt to resolve the issue through mediation.
• Right to Sue Letter: If the EEOC cannot resolve the case, they will issue a "right to sue" letter, which allows you to take the case to court. You have 90 days from receiving the letter to file a lawsuit.
• Lawsuit: If your case proceeds to court, a judge or jury will determine whether discrimination occurred and what damages you may be entitled to.

Morgan & Morgan’s age discrimination lawyers can assist you with this complicated process, ensure you file on time, and answer any questions you have about your legal rights.

What Compensation Can I Recover for Age Discrimination?

Victims of age discrimination may be entitled to several types of compensation, including:

• Back pay: Wages and benefits you would have earned if not for the discrimination.
• Front pay: Compensation for future lost wages if reinstatement is not possible.
• Emotional distress damages: Compensation for mental anguish or suffering caused by the discrimination.
• Attorney’s fees and court costs: If you win your case, your employer may be required to cover your legal expenses.

Common Myths About Age Discrimination

There are several misconceptions about age discrimination that can deter employees from pursuing legal action. Here are a few common myths paired with the Morgan & Morgan reality check:

Myth #1: Age discrimination only happens to people in their 60s or older.

Reality: The ADEA protects workers over the age of 40. Age discrimination can occur in workers’ 40s, 50s, or 60s.

Myth #2: Age discrimination is rare.

Reality: Age discrimination is more common than many people realize. According to a 2020 AARP survey, nearly 1 in 4 workers aged 45 and older has been subjected to negative comments about their age from supervisors or coworkers.

Myth #3: I’m too close to retirement, so filing a claim isn’t worth it.

Reality: Regardless of your proximity to retirement, you have the right to work in an environment free from discrimination.

Morgan & Morgan Can Help

If you believe you’ve been a victim of age discrimination, Morgan & Morgan can help. Our experienced employment attorneys understand the complexities of age discrimination cases and are committed to fighting for workers’ rights. We have a proven track record of holding employers accountable and securing compensation for our clients.

At Morgan & Morgan, we work on a contingency fee basis, meaning you pay no upfront fees. That’s right—the Fee Is Free™, and you only pay if we win. We believe that everyone should have access to justice regardless of their bank account. There is no price or obligation to speak with us to learn more about your legal options.

As the nation’s largest personal injury law firm with more than 35 years of experience and over $20 billion recovered for our clients, we have both the know-how and reputation for getting justice. We’re ready to stand by your side every step of the way.

Our discrimination attorneys can:

Evaluate Your Case: Morgan & Morgan will help determine if your employer’s actions constitute age discrimination.

Gather Evidence: From employment records to witness statements, we’ll build a strong case on your behalf.

Pursue Justice: Whether through negotiation or litigation, we will fight for the compensation and fairness you deserve—at no upfront cost to you. 

Don’t Wait—Take Action Now

If you’ve been a victim of age discrimination, don’t hesitate to reach out. There are strict deadlines to file a claim, and we can help you understand your legal options. Contact us today for a free case evaluation and take your first steps toward justice.