Age bias is a type of discrimination often found in the workforce. The Age Discrimination in Employment Act (ADEA) prohibits all forms of age discrimination in the workplace. Anyone who has been victimized by age bias should contact the Equal Employment Opportunity Commission (EEOC), as well as an attorney.
What is the Age Discrimination in Employment Act?
The ADEA was enacted to protect workers from being discriminated against in the workplace. The Act is aimed at putting an employee in the same position she would have been, had she not been discriminated against.
For instance, if an employer paid a person less because of her age, the court may award damages in the form of forcing the employer to pay the employee equally as others of differing ages. The plaintiff may also be awarded back pay for the benefits and wages that should have been paid to her in the first place.
How is the Equal Employment Opportunity Commission Involved?
The first step in remedying any discrimination claim, is to first file the claim with the EEOC. Usually, the EEOC will investigate the claim and attempt to mediate between the employer and employee. Age discrimination lawsuits vary from other forms of discrimination lawsuits in that the plaintiff does not need a Notice of Right to Sue in order to file a lawsuit.
In order to sue the employer, the employee must have first filed a charge with the EEOC. Any time after 60 days have passed since filing the charge, the plaintiff may file a lawsuit, but it can be no later than 90 days after receiving notice that the EEOC’s investigation has concluded.
Employment-related claims can be confusing and complex, which is why speaking with an employment lawyer can be very helpful. Sometimes, the EEOC will file a lawsuit on the employee’s behalf, but the employee will also have the right to file a lawsuit in state or federal court.
The EEOC usually mediates most claims, and ultimately litigates a small percentage of those charges that are filed. If you decide to file a lawsuit of your own, it is well-advised that you consult a lawyer to assist you with your case.
Should I Consult a Lawyer?
If you have been the victim of age bias in the workplace, then you should speak with an employment attorney after you filed a claim with your local agency. In addition to the ADEA, many states have their own anti-discrimination laws.
If your local state agency refuses to act on your claim, then a local lawyer can help. Your lawyer will be able to advise you of your rights, inform you of the laws in your own state, help you build your case, and represent your best interests throughout the claim and legal process.