Austin, Texas Age Discrimination Lawyer
Many workers over 40 find themselves the victims of age discrimination in the workplace. Sometimes it is obvious and overt, while other times it is subtle or hidden. Regardless of the forms it takes, age discrimination is against the law.
Age discrimination is an unlawful form of discrimination against employees or applicants over 40 based upon their age. Age discrimination is prohibited by both the Age Discrimination in Employment Act (ADEA) and Texas law.
It is illegal to discriminate against a person because of his or her age with respect to any privilege, terms or conditions of employment, including:
- Firing / Hiring / Layoffs
- Job Assignments
Specifically, the ADEA prohibits:
(a) “statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);
(b) “discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and “denial of benefits to older employees . . .[unless] . . .the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers” ( http://www.eeoc.gov/)
Please contact us if you experience any of the following:
- Age related remarks or comments
- A layoff that mostly effects older workers
- A severance regarding a layoff that fails to list the positions considered for the layoff, the ages of those selected, and the ages of those retained
- An apprenticeship, training, or other program that contains age limitations
- A job notice or advertisement with an age limit
- Being asked your age on a job application or in the hiring process
- Benefit programs that provide greater benefits to younger workers or exclude older workers
REMEDIES FOR AGE DISCRIMINATION
The law provides remedies that range from requiring the employer to hire/reinstate/promote/etc. to paying for economic losses, such as lost wages while you try to find a new job.
HOW AGE DISCRIMINATION CLAIMS ARE HANDLED
Age discrimination claims follow the same process as other employment discrimination claims. Age discrimination claims begin with a charge filed with the federal (EEOC) and state (TWC) discrimination agencies who investigate your claims of discrimination. The charge must be filed within a limited period of time after the discrimination occurred to preserve your claims. During the investigation there may be mediation between you and your employer. If there is a finding of discrimination one of the government agencies may decide to file suit against your employer and we will work jointly to represent your claims. If neither government agency decides it has enough information to find discrimination occurred, then we will pursue litigation on our own. From there, the case may settle or go to trial.
PRESERVING YOUR CAREER AND YOUR FUTURE
If you have been treated unfairly by an employer because of your age, it is important to know that age discrimination is against the law in Texas. Our firm focuses on enforcing employment law throughout the Texas area. It is important that you contact us to discuss your options.
In representing you, our goal will be to help you obtain the compensation, benefits and justice you deserve. We offer free consultations and provide personal attention to each case, so our clients know that we are representing them with integrity, honesty and compassion at every turn.