Do You Suffer from Age Bias in the Workplace?

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Most Common Employment Law Issues:

What is Age Bias?

Employment-related age bias is a common form of discrimination. The Age Discrimination in Employment Act (ADEA) prohibits age-related discrimination in the workplace. If you are the victim of age bias, you should contact the Equal Employment Opportunity Commission (EEOC).

What is the Age Discrimination in Employment Act?

The goal of the ADEA is to put you in the same position as you would have been had you not been discriminated against. For example, if your employer fired you because of your age, one remedy is to have your employer re-hire you and give you back your old position. The court may also let you recover back pay for the wages and benefits you lost.

How is the Equal Employment Opportunity Commission Involved?

The EEOC will generally try to remedy the age discrimination by mediating between you and your employer. The EEOC has had great success with mediating between employers and employees. In 2007 alone, the EEOC recovered over $66 million in age bias-related mediation. However, if mediation is not appropriate or if it is unsuccessful, a lawsuit may be filed against your employer. While the EEOC will sometimes file a lawsuit on your behalf, you also have the right to sue your employer on your own.

Should I Consult with a Lawyer?

Many states have enacted their own age discrimination laws. These laws vary from state to state, and some states offer even greater protections than the ADEA. Therefore, it is always a good idea to consult with a lawyer if you have been the victim of age bias. An experienced attorney can review your situation, advise you on whether you should pursue your claim under federal or state laws, and help you prepare your case.

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Last Modified: 04-24-2014 09:58 AM PDT

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