By Jay Holland, Joseph Greenwald & Laake
While older employees are protected by law from age discrimination, it still exists as a serious issue within many companies. Therefore, it is important to recognize the options you have when filing a complaint against any form of age discrimination you may face.
The Age Discrimination in Employment Act (ADEA) protects employees over 40 years old from discrimination in the workplace. The ADEA requires that employers cannot show preference for certain ages in job advertisements, set age limits for programs, or retaliate against filed claims of discrimination. Also, employers may not force their employees to retire at a certain age.
If you feel that you have experienced age discrimination in your workplace, you may file a discrimination lawsuit. It can be complex, but with an experienced employment lawyer, you can achieve the best results.
First, you must file a complaint with the Equal Employment Opportunity Commission (EEOC), which will investigate your claim. If you meet the claim requirements, you can move to file your complaint in court, after which both parties will request documents, take statements, and participate in any other discovery activity. Before a trial ensues, you will have the opportunity for mediation, but if both parties do not mediate, they will prepare for trial in court. As the chair of Joseph Greenwald & Laake’s Labor, Employment, and Qui Tam Whistleblower practice, I frequently lecture and write about labor, employment law and False Claims Act cases. I counsel clients in individual and class action cases involving gender and race discrimination and sexual harassment, violations of the wage and hour laws, and wrongful termination.
If you are experiencing age discrimination in your workplace, look for an experienced lawyer who can help in every aspect of your case.