Law Library Articles
Top 10 Age Discrimination Law Articles
Age discrimination, also known as "ageism," happens every day. Discrimination is never overt, it can manifest in little day to day actions such as receiving poorer service in a restaurant, or in important life events such as not receiving a callback for an interview. To try and combat this, the U.S. federal government, along with various state governments, has made it illegal to discriminate against someone because of his or her age.
As a starting point for people who have experienced age discrimination, the LegalMatch Law Library has compiled a list of the Top 10 Articles on Age Discrimination Law.
Both federal and state laws usually prohibit employers from forcing people to retire or not hiring someone due to his or her age. Unfortunately age discrimination does happen and that is why it is best to know what age discrimination is in order to prevent it from happening to you.
If you win an age discrimination lawsuit there are many different forms of compensation you can receive. You might be able to recover monetary damages for attorney fees or emotional distress or the court might order your employer to rehire you. It is even possible that the court might find that your employer willfully discriminated against you, and as such your employer might have to pay punitive damages.
In order to win an age discrimination case, you have to prove that age was the reason why you were treated differently than other workers. It can be difficult to prove age discrimination, but the court does allow the use of statistics in proving a claim of age discrimination.
A resource for people who have been discriminated against at work because of their age is the Equal Employment Opportunity Commission. The EEOC should be the first stop in making an employment discrimination claim as they might be able to resolve the issue without resorting to litigation.
The Age Discrimination in Employment Act (ADEA) protects people forty years old and older from being discriminated against because of their age in their workplaces. However, it does not apply to all employers and not all employees are protected by the ADEA.
The EEOC is a federal agency that combats discrimination in the workplace. It has also been given to power to enforce many anti-discrimination laws. It is usually the first place people go when seeking recovery from being discriminated against in the workplace since the EEOC can start a reconciliation process that might resolve the issue without needing to file a lawsuit.
If an employee waived the right to sue for age discrimination and the employer can prove that the waiver was valid, then the employee might not be able to sue. Employees routinely sign these waivers in return for extra compensation. It is important to truly understand what you are giving up when you waive your right to sue for age discrimination.
Not every instance of age discrimination is illegal. The ADEA has several exceptions where employers are allowed to treat their employees differently due to their age. One such exception is when age is a good determination of whether someone is qualified for a position. The only employers that can do this are usually involved in public safety, such as firefighters, police officers, and the military.
If you have been discriminated against at work because of your age there are several options open to you. You might be able to have your problem resolved by the EEOC or you might be able to file a lawsuit against your employer on your own. Whatever you decide, make sure you consult with an attorney first to learn about your options.
One key thing to remember when thinking about filing a lawsuit for age discrimination is that there is a time limit on bringing your claim. If you do not file before the deadline, your case will be dismissed unless you have a good reason for delaying.