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Age Discrimination and Your Rights

The Age Discrimination in Employment Act (ADEA) of 1967 was a groundbreaking law designed to protect workers aged 40 and older from unfair treatment in the workplace.  This law ensures that age does not become a barrier to job opportunities, promotions, or employment benefits.  Whether it’s through a phone consultation or an in-person consultation, age discrimination lawyers can clarify your rights under the ADEA and help you take action if you face unfair treatment due to your age.

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What Constitutes Age Discrimination?

You might ask, What constitutes age discrimination?  Age discrimination occurs when an employee or job applicant is treated less favorably because of their age.  This includes hiring decisions, layoffs, promotions, and even negative workplace environments.

For example, if an older worker is passed over for a promotion in favor of a younger, less experienced worker, that could be grounds for an age discrimination claim.  A simple document review by a skilled attorney can determine if there’s legal standing to take your case further.

Elderly woman on the phone

What Constitutes Age Discrimination?

You might ask, What constitutes age discrimination?  Age discrimination occurs when an employee or job applicant is treated less favorably because of their age.

This includes hiring decisions, layoffs, promotions, and even negative workplace environments.

For example, if an older worker is passed over for a promotion in favor of a younger, less experienced worker, that could be grounds for an age discrimination claim.  A simple document review by a skilled attorney can determine if there’s legal standing to take your case further.

Age Discrimination in the Workplace: Common Signs and Your Next Steps

Age discrimination in the workplace can be subtle or overt.  Employers may use tactics such as encouraging older workers to retire early, excluding them from key projects, or passing them over for promotions.  These actions can deeply impact one’s career and financial future.  If you believe you’re facing such issues, an attorney-made phone call or attorney-written letter could be the first step toward resolving your situation.

  • Denied a promotion despite qualifications
  • Unfair layoffs targeting older employees
  • Receiving negative performance reviews based on age, not work quality

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Real-Life Legal Case

  • In Kleber v. CareFusion Corporation, a 58-year-old attorney applied for a legal job but was denied based on a hiring policy that favored younger candidates.  The court ruled in favor of the applicant, proving that age discrimination laws apply to hiring practices, not just employment.
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Young Employees and Age Discrimination

Age discrimination doesn’t solely affect older workers; younger employees can also face discrimination based on assumptions about their maturity or experience level.

For example, younger employees may be overlooked for leadership roles or subjected to derogatory comments about their age.  Age discrimination lawyers can help even in cases involving younger employees, providing legal options such as in-person consultations or a document review to explore your case.

Young employee at desk

Young Employees and Age Discrimination

Age discrimination doesn’t solely affect older workers; younger employees can also face discrimination based on assumptions about their maturity or experience level.

For example, younger employees may be overlooked for leadership roles or subjected to derogatory comments about their age.  Age discrimination lawyers can help even in cases involving younger employees, providing legal options such as in-person consultations or a document review to explore your case.

"A third of U.S. workers over the age of 45 reported experiencing age discrimination"

Source: Retirement Living

Taking Action Against Age Discrimination

Standing up to age discrimination can be daunting, but you don’t have to do it alone.  An attorney can guide you through the entire process, from gathering evidence to filing a complaint.  Whether it’s through an attorney-made phone call to your employer or formal legal action, your rights deserve protection.

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