You’ve worked hard to build experience in your line of work, and you’ve demonstrated loyalty to your employer. But have you noticed that you’re consistently passed over for promotion and that your employer tends to favor younger workers? Have you been subjected to an adverse employment decision such as demotion, reduced hours, a less favorable assignment, or termination because of your age? If you answered “yes” to either of these questions, then you should consider whether you have a legal basis for pursuing an age discrimination lawsuit.
The basics of age discrimination
The law prohibits discrimination based on age in every aspect of the employment process, from hiring to promoting and terminating. It’s also illegal for an employer to retaliate against an employee for filing a complaint about a policy or practice that discriminates against older workers. Remember, though, that the law allows for policies and practices that favor older workers.
As a result of applicable laws, employers are prevented from engaging in a lot of age-based practices. This includes asking applicants about their age, requiring a certain age range for positions or job duties, and denying benefits to older workers.
Limitations on the law
There are some limitations to age discrimination laws. To start, it only protects those over the age of 40. Also, federal law only extends the protections to employers who have 20 or more employees, as well as state and local governments.
Building your case
Age discrimination cases can be valuable and a great way for you to find accountability and recover the compensation that you’re owed. But they’re not always as easily proven as you may think. That’s why it’s critically important that you understand how the law applies to your particular set of circumstances and how to build persuasive legal arguments that support your position. Fortunately, you can turn to experienced legal professionals for help in building the compelling case that you deserve.